Pubdate: Fri, 03 Jan 2014
Source: Albuquerque Journal (NM)
Section: page 1
Copyright: 2014 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: James Monteleone

LEGISLATOR WANTS NM TO LEGALIZE MARIJUANA

Democrat Plans To Propose Amendment To State Constitution

A day after Colorado opened its doors to the legalized sale of
recreational marijuana, a state senator said New Mexico should
consider following suit.

Sen. Gerald Ortiz y Pino, an Albuquerque Democrat, said he will
introduce a constitutional amendment proposal to legalize recreational
marijuana when the Legislature convenes this month.

The constitutional amendment would go on the general election ballot
this November if approved by both the House and Senate. Constitutional
amendment proposals go straight from the Legislature to voters, and
Gov. Susana Martinez would not be able to act on the measure if it
were approved by lawmakers.

Martinez, a Republican and a former district attorney, opposes drug
legalization.

There also were indications Thursday that Ortiz y Pino's proposals
could get cold shoulders from Republicans in the Legislature.

Ortiz y Pino said his proposal will be modeled after the Colorado
voter referendum that in 2012 legalized recreational marijuana use in
that state. Colorado on Wednesday allowed marijuana dispensaries to
begin selling the drug to the public, with a 25 percent tax earmarked
to help fund education programs.

"I think the argument we'll make is that this is basically an
opportunity for the public to decide if they want to do it," Ortiz y
Pino said. "...If they don't (vote for it) we go back to the drawing
board."

If the proposal were adopted by the Legislature and ratified by
voters, lawmakers could take up consideration of specifics in 2015
with legislation to determine how marijuana might be sold, taxed and
regulated in New Mexico, Ortiz y Pino said.

Legalization would allow the state to redirect resources currently
used to enforce laws criminalizing marijuana while also creating a new
source of tax revenue for the state, Ortiz y Pino said.

"The whole point would be that it would be a step toward a more
rational approach to a use of the substance, much as we do with
alcohol now," Ortiz y Pino said.

Legislative Republicans say the proposal will face a tough road,
especially during this year's 30-day legislative session. The
so-called short sessions of the Legislature have more limited agendas
than 60-day sessions in odd-numbered years and are intended to focus
on passage of a state budget. Constitutional amendment proposals,
however, can be introduced at any time.

A proposal last year to reduce criminal penalties for personal
marijuana use passed the House on a 37-33 vote but never was taken up
by the Senate before the Legislature adjourned.

House Minority Whip Nate Gentry, R-Albuquerque, who voted in favor of
the reduced penalties bill, said marijuana legalization through the
state Constitution would have less of a chance of passing.

"I don't think it moves," Gentry said. "... It's something that needs
to be considered in a very thoughtful way, not by willy-nilly amending
the Constitution."

Gentry said he viewed the proposal to legalize marijuana through a
constitutional amendment as an effort to bypass a veto by the
governor, who has voiced opposition to loosening state drug laws.

Mar t inez spokesman Enrique Knell said Martinez believes it would be
more appropriate to consider the proposal through legislation rather
than a constitutional amendment "to deal with the many complications
and unforeseen consequences."

But Martinez also seems to oppose Ortiz y Pino's idea in
principle.

"As a prosecutor and district attorney, the governor has seen
firsthand how illegal drug use destroys lives, especially among our
youth, and she opposes drug legalization or decriminalization
efforts," Knell said in a statement.

Knell called the proposal an effort to increase liberal voter turnout
in the November election, when Martinez will be seeking
re-election.

Rep. Antonio "Moe" Maestas, D-Albuquerque, the House majority whip,
said he expects the House could sign off on proposed legalization
because public opinion in favor of legalization has grown over the
past year.

"There's going to be those members that just can't overcome prior
prejudices, they can't overcome their own hatred of drug use or drug
users, but we all know that prohibition doesn't work," Maestas said.
"That revenue side of things hopefully will be able to tip the scales
because there's going to be no lobby against taxing it."

Sen. Stuart Ingle, R-Portales, the Senate minority leader, said New
Mexico would be better served by watching how other states like
Colorado and Washington handle marijuana legalization first.

"Let's see what happens in other states. Let's let somebody else be
the experimental place, and then we might take a look at it," Ingle
said.

Even among Democrats, who hold majorities in both the House and
Senate, the idea of legalizing recreational marijuana is not agreed
upon.

Sen. John Arthur Smith, D-Deming, who voted in favor of legal
medicinal marijuana, said allowing marijuana to be available for
recreational use is a step too far. That legalization, Smith said,
could force some New Mexico employers to recruit new employees out of
state because of perceived increases in drug use. Legalization also
could create difficultly at U.S. border crossings with Mexico, where
federal drug laws prohibiting marijuana are enforced.

"It really doesn't take care of much-needed jobs in the state," Smith
said. "That would be my biggest objection."

Smith said support for the measure based on potential increases in tax
revenue is "a lame excuse" for recreational marijuana
legalization.

Ortiz y Pino said Colorado and Washington mapped out a responsible
approach to legalization that could guide New Mexico's consideration
of the issue. The proposal for legalization would be the first of its
kind in the state Legislature, Ortiz y Pino said.

"We've been talking about it, but until Colorado acted last year, it
had seemed like kind of a pipe dream," he said. "The early polling on
this, both nationally and in the state, show it would be a very
popular measure."  
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