Week Online: You got three
out of eight bills in the drug reform package through the legislature,
but not the most substantive reforms. What is your take on the outcome?
Dave Miller: Legislatively,
we've moved the needle from ground zero a year ago, when the legislature
basically told us to go away and die. We've been in this fight all of two
years now, and we've developed a legislative reform package, we've seen
it heavily debated, it's been covered extensively by the media, and we've
see significant action taken by the legislature. The bottom line, of course,
is that only a handful of bills actually passed, but three others were
very close -- poised for final action -- and two more were moving through
the committees. As legislative liaison, I'm very pleased that we got progress
on all parts of the package.
WOL: Clearly, disagreements
on drug policy were not the only reason the entire package did not pass.
Could you comment on the role played by partisan conflict and the fact
that the session is so short?
Miller: Certainly there is
a logistical problem when you have to deal with 2,000 bills, 480 of which
passed, in a 60-day session. And, of course, drug policy wasn't the only
big issue on the legislative agenda. We also dealt with education reform,
concealed weapons, lots of other issues. As for Democrat versus Republican,
well, it gets funny. We got support from a handful of Democrats who showed
real courage -- Roman Maes, Patsy Trujillo, and House Judiciary Committee
Chairman Ken Martinez -- while at the same time we were unable to in any
way tap into the Republican Party's libertarian wing.
WOL: You did get support
from the state party chairman, John Dendahl.
Miller: And look what happened
then. When Dendahl stepped up, our senior US senator [Domenici] went through
the roof; he demanded Dendahl step down. Other prominent Republicans are
also calling for his head. There is a great concern among the state GOP,
not about what's right and what's wrong, but these issues drive them crazy.
What is going on out there that would bring them out to attack like that?
WOL: Do you have an answer
to that question?
Miller: I think it's the
politics of marijuana and also of hard drugs. According to our best numbers,
in this state 112,000 people out of 1.8 million smoke marijuana regularly
-- on a monthly basis, anyway. But I'd be curious to see how many legislators
had tried it, not many, I think. Marijuana is an alien thing for a lot
of them. There is still a generational dividing line. And this is a rural
state. The guys with the cowboy hats aren't too wild about smoking marijuana.
The governor has literally left lawmakers speechless when he talks about
legalizing drugs. It's like they're in shock.
I work with these guys on
a hundred other issues, and it's rare to see them seize up like that; the
whole idea just makes them supremely uncomfortable. So it was difficult
to get sponsors, to get movement; they can't handle that whole illicit
drugs issue. Even medical marijuana, with strong support, only passed the
House by two votes.
WOL: What lessons do you
take from your experience this year?
Miller: Last summer, I began
to grow concerned about emphasizing the drug stuff. Steven Bunch of the
New Mexico Drug Policy Foundation was always nagging me to talk instead
about saving money, protecting children, things like that, and I'm increasingly
a believer in that. Look, I think we did a lot of things right, things
that could be applied in other states. The blue ribbon panel on drug reform
was very valuable. We had six one-day meetings, funded by Lindesmith, and
for ten or fifteen people to be able to set aside a few days to come up
with specific recommendations and strategies was invaluable for the governor
and the legislature. That really helps set the stage.
The lobbyists, the hired
guns, were also of enormous value. The guys in the suits in the halls of
power. It's that whole nuts and bolts approach, hand-to-hand, committee-to-committee
combat. Somebody has to be working this process all day, every day for
60 days straight. The lobbyists are affordable and they are worth it.
Then there is the high value
of personal leadership, not only by governor, but also those folks I mentioned
earlier. There have got to be politicians who show real courage and take
up the cause.
WOL: You mentioned New Mexico
as a model. Can you elaborate?
Miller: Especially for rural
Western states. What we did here can be exported. A modest amount of money
can make a big difference. And if Congress and the White House are resistant
to change, the encouragement that the reform community can take is that
change is possible at the statehouse level.
WOL: How is this going to
shake out in the medium- or long-term?
Miller: Having worked with
legislators for eighteen years, I think getting a package like ours through
substantially intact will require two or three trips to the well, at least,
just to get traction on the core issues, and then many years of much heavier
lifting, moving budgets from the criminal justice side to the public health
side. Where the money goes is where the action will be, moving it from
Corrections to Health, from Public Safety -- the police -- to Children,
Youth, and Family. All that will occur in finance committees with performance-based
budgeting. It'll be a five- to ten-year battle.
WOL: And what about the governor's
remaining year in office?
Miller: We'll sit down and
meet with the folks from Lindesmith soon, do a post-mortem and see what
to do next. But without question, Gov. Johnson will pursue this issue to
the final day of his administration. There are two possibilities for legislative
action. That includes a possible special session on redistricting, which
would be in September. The next regular session -- it's called a "short
session" because it's only 30 days long -- is usually devoted to budget,
appropriations, and revenue matters, but it is also known as the "governors
session," because constitutionally he can introduce any bill he wants.
He does have enormous clout as to what goes on the agenda. The governor
hasn't announced anything yet, but I have to believe that the fight will
go on. |