New Mexico Governor Proposes Sweeping Drug Reform Package, Tough Battle Awaits in Legislature 1/12/01

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As the US drug czar unveiled another business-as-usual drug war budget last week, a Drug Policy Advisory Group convened by New Mexico's Republican governor released a report calling for sweeping reforms that would place the border state on the frontier of drug policy reform.

The political skirmishing has already begun, after Gary Johnson swiftly announced he would offer eight pieces of legislation to implement the group's recommendations. Johnson's package would, if passed, be the most comprehensive revamping of state-level drug policy reform in the land.

Gov. Johnson himself rang the bell for the opening round with a January 4th press conference in Santa Fe to announce the group's report and the legislative package. Coming out swinging, the governor told assembled reporters, "I am calling for a big change in strategy in New Mexico. Are we really out to save lives, or are we out to continue to arrest and incarcerate this country? We need to work harder to save people's lives rather than locking them up."

Noting more than once that, "At one point in this country, it was illegal to have a drink," the governor said violent drug users or those who sell drugs to children should be punished. "But if you're smoking marijuana in your own home and you aren't harming anyone but arguably yourself, should that be criminal?" he asked.

If passed, the eight bills Johnson staffers are drafting will:

  • Decriminalize the possession of less than an ounce of marijuana by adults. Public use could result in a civil penalty.
  • Revive the state's long-dormant Lynn Pierson medical marijuana act by allowing physicians to recommend and patients to possess marijuana when medically appropriate.
  • Make first- and second-time drug possession a misdemeanor, with offenders sentenced to probation and treatment instead of jail or prison time.
  • Amend the state's habitual offender law so that it does not apply to drug convictions.
  • Expand the state's needle exchange effort by allowing pharmacists to dispense needles without fear of drug paraphernalia charges.
  • Alter state liability laws so police officers and others can administer drugs such as naloxone or Narcan, which can save the life of someone overdosing on heroin, without fear of subsequent civil suits.
  • Change asset forfeiture laws so that accused persons must be convicted of drug trafficking before their property and money can be seized and to demand that prosecutors show "clear and convincing" evidence that the seized goods are related to drug trafficking.
  • Allow ex-felons to become drug counselors.
The bold legislative package comes only a year after Johnson said he wouldn't ask the legislature to entertain drug policy reform, but at the press conference Johnson said a lot has changed and he senses growing political support for a change in the drug laws.

"The reason I am here is because this does have a lot of support," Johnson said. "It has a whole bunch of support that I wouldn't have dreamed that it would have had. So I am optimistic that this might get accomplished."

If initial reaction from the state's political class and law enforcement honchos is any indication, however, he has a lot more convincing to do.

In remarks representative of sentiments at the state capitol, House Minority Leader Ted Hobbs (R-Albuquerque) told the Albuquerque Tribune that while he could support drug treatment and education programs, decriminalizing drugs had no support among Republican legislators.

"There are two or three points that made sense in those recommendations," said Hobbs, "but harm reduction policies and giving sterile needles to people who are violating the law, I just can't sign on to that. I also don't want to see the criminal justice sentencing reforms that he wants. That really stands out to me as a problem."

Rep. Tom Taylor's (R-Farmington) opposition was less nuanced. "If you legalize, we'll have to have the same type of programs for drugs that we have for DWI," he told the Farmington Daily Times. "We'll need a whole cadre of bureaucrats to make sure people are destroying their brains properly. It's insane."

Taylor vowed that the legislation would not pass. "How many people have jumped on the bandwagon? Only those people who are drug users," he told the local paper.

Despite Taylor's ironic fears of big government, Johnson's proposals gained the support of New Mexico Libertarians. State Libertarian chairman Joseph Knight told the Farmington Daily Times that Johnson deserved support.

"It's about time," Knight said. "It's a step in the right direction. Not only is the war on drugs a failure, it's morally wrong. Individuals should have dominion over their own bodies. Prohibition causes more societal problems than the drugs themselves."

New Mexico law enforcement and prosecutors disagree. Leaders of the state District Attorneys Association and the Santa Fe Police Department came out in opposition to "any effort to decriminalize drugs in New Mexico," the Santa Fe New Mexican reported.

Johnson also faces problems with state Democrats, who control the legislature, although at least part of the Democrats' posture derives not from opposition to Johnson's drug reform proposals but eagerness to advance their own broader political agenda. Senate President Pro-Tem Manny Aragon (D-Albuquerque) told the New Mexican that Johnson would have to address Democratic concerns before the legislature would consider changes in drug policy.

"Our priorities are education, health care, public safety and economic development. I hope we look at these issues early on in the legislative session," said Aragon. Until those issues have been dealt with, said Aragon, drug policy reform is "on the back burner."

But there are signs of support for the measures as well, along with demands that Johnson put his money where his mouth is, especially when it comes to paying for drug treatment. Johnson has in the past refused to pay for treatment and has not yet said how much money he will request for treatment this year.

"I can support his program with one provision," Rep. Max Coll (D-Santa Fe) told the New Mexican, "if he puts a lot of money into rehabilitation programs. He's vetoed money for treatment programs right and left. That's his history. I hope he changes his mind."

Rep. Rick Miera (D-Albuquerque), a licensed drug and alcohol-abuse counselor, told the Albuquerque Tribune Johnson's record on treatment gives him pause. "I just don't want to go near any of this drug reform until we have in place well-funded treatment programs that will be sorely needed."

"Right now, I have this morning a 16-year-old heroin user, and I can't find a treatment program for him anywhere," said Miera. "Nobody wants a 16-year-old."

Even as Johnson and his allies gird themselves for a bruising battle in the legislature, the governor is already moving to bring the state's executive branch into line behind drug reform. At the January 4th press conference, Johnson announced that he has named his chief of staff, Lou Gallegos, to coordinate all state government drug policies and programs. He also said he will direct the Department of Finance and Administration to set a "global" drug budget and monitor the effectiveness of programs.

In addition, Johnson announced that he has directed Health Secretary Alex Valdez to speed up the state's naloxone distribution program, and that he will meet with the president of the State Board of Education to discuss instituting scientifically-based drug education programs in the public schools.

New Mexico's legislative session begins January 16th. The Advisory Group's report can be read online at http://www.governor.state.nm.us/drug_policy/Gov_Drug_Policy_Ad_Group_Report.pdf.

See our coverage from last week at http://www.drcnet.org/wol/167.html#johnson.

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Issue #168, 1/12/01 New Mexico Governor Proposes Sweeping Drug Reform Package, Tough Battle Awaits in Legislature | 2001 National Drug Control Strategy: It Isn't Working, Can I Have Some More, Please? | Pain Wars: New Pain Management Standards Go Into Effect, But Will They Protect Doctors from the Drug Warriors? | Needle Exchange Program Rebuilding from Arson Attack, No Suspects Yet, Help Needed | Farm States Signal Renewed Interest in Industrial Hemp | Canadian Medical Marijuana in Cameroon? Strange Report from the British Broadcasting Corporation | Media Scan: Arianna Huffington, Judy Mann, USA Today and Another Dan Forbes Scoop | Calling All Activists I: Leaflet Outside Traffic Showings | Calling All Activists II: Gullible Meth Lab Article in Sierra Magazine | Calling All Activists III: Ashcroft, Clemencies, Hemp | Washington, DC Job Opportunity | The Reformer's Calendar: LA, Philly, Portland, New York, DC, SF, Minneapolis, St Petersburg, Fort Bragg, Miami, Amsterdam, New Delhi | Editorial: Flawed Love

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