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At
the
Statehouse
III:
Marijuana
Decrim
Bill
Dead
in
New
Mexico,
Other
Drug
Reform
Measures
Still
Breathing
2/1/02
New Mexico Governor Gary Johnson's six-pronged
drug reform package for the New Mexico legislature's short 2002 session
is down to five prongs as the House effectively killed the governor's marijuana
decriminalization measure this week. Johnson is using the budgetary
short session in a last effort to win passage of his comprehensive drug
reform program before he leaves office at the end of his current term,
but with budget issues still unresolved and legislators looking anxiously
over their shoulders in an election year, the outlook for the package remains
clouded.
The marijuana decrim measure would have
removed criminal penalties for possession of up to an ounce for people
18 and older. The offense would have been treated like a traffic
violation, with possible civil fines but no arrest. Under current
New Mexico law, possession of up to an ounce is a misdemeanor punishable
by a fine of up to $50 and 15 days in jail.
"I understand it's one of the more controversial
bills of the package. It is very difficult to deal with in 30 days,
particularly in an election year," former Gov. Toney Anaya told the Albuquerque
Journal. Anaya is a lobbyist for the governor on drug reform issues,
paid for by the Center for Policy Reform, a nonprofit group affiliated
with what was until this week The Lindesmith Center-Drug Policy Foundation.
TLC-DPF announced earlier this week it had changed its name to Drug Policy
Alliance.
Shayna Samuels, a spokesperson for the
Center, told DRCNet she remained optimistic despite the defeat of the decrim
bill. "We expected that a lot of the non-budget-related items would
not get through," she said. "Drug reform is not necessarily one of
their priorities. But we are focusing on the other five bills, and
they are so far going through the committees as planned."
The remaining five bills are:
-
New Mexico Medical Marijuana Law, sponsored
by Sen. Roman Maes (D-Santa Fe). This bill would create an exemption
from state laws for possession and use of a reasonable supply of medical
marijuana by patients or their caregivers. Patients must be suffering
from certain diseases, including cancer, HIV/AIDS, glaucoma, and diseases
with neuromuscular spasticity, and must be certified by the Department
of Health. This bill got off to a rocky start when legislators rejected
wording allowing patients to grow their own; instead, lawmakers reverted
to the language of last year's bill, under which the state would be responsible
for medical marijuana supplies.
-
Civil Asset Forfeiture Reform, sponsored by
Sen. Manny Aragon (D-Albuquerque). This bill would require persons
to be convicted prior to loss of property, a court order obtained before
property seizure, and proof by clear and convincing evidence that the property
is subject to forfeiture. Money seized under this bill would go to
the state's general fund instead of to the law enforcement agency that
made the seizure.
-
"Treatment Not Jail" Sentencing Reform, sponsored
by Rep. Joe Thompson (R-Albuquerque). This bill would make first-
and second-time drug possession offenses misdemeanors and require probationary
sentences, with referrals to drug treatment when appropriate.
-
Habitual Offender Sentencing Reform, sponsored
by Rep. Ken Martinez (D-Grants). Under current New Mexico law, judges
must apply "habitual offender" sentencing enhancements if a prosecutor
charges a defendant as a habitual offender. This bill would give
judges discretion to lengthen sentences, but they would no longer be forced
to do so.
-
State Waiver of Federal Ban on Benefits, sponsored
by Rep. Joe Thompson (R-Albuquerque). This bill would allow New Mexico
to join the 29 other states that have waivers allowing them to grant full
federally-funded benefits to people who have completed their sentences
for drug offenses.
The short legislative session ends on February
14. The drug reform community is waiting to see if it will get a
Valentine's Day present from Santa Fe.
-- END --
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Issue #222, 2/1/02
Editorial: On Freedom, Rights and Duties | At the Statehouse I: Former Delaware Governor Heads Effort to End Mandatory Minimums, Stop Prison Expansion | At the Statehouse II: Kentucky Legislator Offers Bill Allowing Police Access to Oxycontin Prescription Records | At the Statehouse III: Marijuana Decrim Bill Dead in New Mexico, Other Drug Reform Measures Still Breathing | At the Statehouse IV: Washington State Legislation Would Reduce Drug Penalties, Recognize Social Dealing | Radical Party Putting Manchester Police in a Pickle over Pot Cafe, Cops Unappreciative | Violent Dope Fiends a Myth: Another Study Finds Alcohol Most Linked to Violence | Bolivia Crisis Sharpens as Parliament Expels Cocalero Leader Evo Morales and US Funded Anti-Drug Forces Kill Again | Norwegian Commission Set to Call for Decriminalization of Drug Use, Possession | Swiss Hemp Activist Freed After International Outcry | White House Drug Office Pays $3.20 Million for Super Bowl Anti-Drug Ads Linking Drugs and Terrorism | Alerts: HEA Drug Provision, Bolivia, DEA Hemp Ban, Ecstasy, Mandatory Minimums, Medical Marijuana | Baltimore Job Opportunity with Injection Drug Use Study | The Reformer's Calendar
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