MEDICAL MARIJUANA BILL APPROVED BY THE SENATE

The bill passed with a 29-12 vote; Still, opposition to many of Gov.
Johnson's drug policies exists.

SANTA FE -- Medical use of marijuana has won approval by the Senate
but several supporters of the bill said they wouldn't vote for other
parts of Gov. Gary Johnson's drug policy changes.

And members of the Legislature could get a chance to take that stand
in response to a vote from a House committee. The Senate passed a
bill by a bipartisan vote of 29-12 Tuesday night to create a system
for getting marijuana to patients with debilitating illnesses and to
certify those patients' medical need.

Sen. Mary Jane Garcia said her support would extend no further than a
vote in favor of the medical bill.

"This is probably the only one that I will support," said Garcia, a
Las Cruces Democrat and the Senate majority whip.

Sen. Steve Komadina said he was supporting the bill for medical
reasons and was separating it in his mind from other drug policy
changes in the governor's package.

"This is not a drug issue; this is a medical issue," said Komadina, a
Corrales Republican and a practicing physician. "I'm completely
separating this issue from any other bills."

Through the bill, SB 319, the Health Department will have to set up a
system for assuring that marijuana doesn't get into the wrong hands
and that those using it through its program are truly in need.

The bill now heads to the House for approval during the current
60-day session of the Legislature.

Amendments made to the bill on the floor of the Senate required
creation of a photo identification for patients receiving marijuana
for treatment.

But the chairman of the Senate Judiciary Committee, Sen. Michael
Sanchez, rose in opposition to the bill by saying that he had
concerns over how the program would be run. Health Department
Secretary Alex Valdez has said he feels confident his agency will be
able to effectively control the distribution of marijuana.

"I do not believe the state of New Mexico can do what it says it can
do in this bill," Sanchez, a Belen Democrat, said. He also said the
courts are, in practice, relatively lenient with those who possess a
small supply of the drug. "I don't know when I've seen anyone
prosecuted for a small amount of marijuana," said Sanchez, a trial
lawyer.

That court environment could now be changed by a bill that moved
through the House Consumer and Public Affairs Committee on Tuesday.

The bill, HB 918, would eliminate criminal penalties for possessing
one ounce of marijuana and replace those penalties with a $300 fine
for the first and following offenses.

Existing law imposes a 15-day jail sentence and a fine of $50-$100
for the first offense of marijuana possession. Subsequent offenses
see a jail term of up to one year and a fine of up to $1,000, under
current law.

With H.B. 918, children under the age of 18 would still receive the
existing jail times. The bill expands judges' powers to call for drug
treatment and rehabilitation for young offenders.

The Consumer and Public Affairs Committee sent the bill on to the
House Judiciary Committee without a recommendation to either reject
or approve the bill.

One member of the Judiciary Committee, Rep. Ron Godbey, said he'll
fight to defeat the bill when it comes up for debate. "The penalties
right now are so weak already," said Godbey, an Albuquerque
Republican. "I'm going to argue long and hard against this bill."