Pubdate: Wed, 28 May 2014 Source: Albuquerque Journal (NM) Copyright: 2014 Albuquerque Journal Contact: http://www.abqjournal.com/ Details: http://www.mapinc.org/media/10 Author: Dan Boyd Page: C1 Bookmark: http://www.mapinc.org/decrim.htm (Decrim/Legalization) 2 INITIATIVES AIM TO CUT POT PENALTY Petition Drives for Referendums Launched in Duke City, Santa Fe SANTA FE - Voters in Albuquerque and Santa Fe could decide whether to reduce criminal penalties for possessing small amounts of marijuana if separate petition drives launched Tuesday succeed in the two New Mexico cities. The voter initiative process, which requires supporters to obtain a large number of signatures, is a new approach in the debate over marijuana policy. Legislative proposals to both reduce criminal penalties for possession of small amounts of pot and to legalize recreational use of the drug have failed during the last two years at the state Capitol, a fact not lost on backers. "We've seen that Santa Fe, like Congress, takes its time on some issues," said Pat Davis, the executive director of ProgressNow New Mexico, a liberal advocacy group that is one of two organizations leading the petition drive. But opponents of the proposal to reduce criminal penalties for possessing small amounts of pot say the voter initiative would, if approved, lead to a confusing legal patchwork. State Rep. Bill Rehm, R-Albuquerque, a former Bernalillo County Sheriff 's captain, pointed out marijuana remains illegal under federal law - it's listed as a heavily restricted type of controlled substance - and said state law would continue to be stricter than the city ordinances. "It's a helluva mess they're trying to get into," Rehm said Tuesday. Under the terms of the proposals for Albuquerque and Santa Fe, possession of less than 1 ounce of marijuana, and drug paraphernalia, would become punishable by a fine of no more than $25. Such citations would be made a "lowest law enforcement priority" and offenders could not be faced with jail time. A first offense of possessing an ounce of marijuana or less is currently punishable by fines and up to 15 days in jail, according to state law. Backers of the marijuana decriminalization push said Tuesday they hoped the questions could be put on the general election ballots for Albuquerque and Santa Fe in November, though they could also be voted on in a special election. Albuquerque's voter initiative process has been put to frequent use in recent years. Voters in the state's largest city approved an increase in the minimum wage and a change to the city's requirement for runoff elections, but voted down a proposed anti-abortion ordinance. All three were initiated by petition drives. In order to have the question put before Albuquerque voters, proponents would have to obtain at least 11,203 valid signatures. The initiative process is set up differently in Santa Fe, where supporters would need to collect at least 5,673 signatures total from voters residing in each of the city's five council districts. A Journal flash poll of statewide registered voters conducted earlier this month found 40 percent of those surveyed believed marijuana should be legalized, while 47 percent said it should not be and 13 percent said they were not sure. - --- MAP posted-by: Jay Bergstrom