REHAB BILL MIGHT SAVE GOVERNOR'S DRUG-REFORM PLAN

A $9.8 drug-rehabilitation bill could be a "political salve" that generates
more support for Gov. Gary Johnson's drug-reform package, supporters of the
package said Wednesday.

House Bill 813, introduced Wednesday in the state House of Representatives,
and the identical Senate Bill 628 introduced Tuesday, should satisfy
Democratic legislators who have been reluctant to back other drug-reform
bills, said Dave Miller, Johnson's legislative liaison.

Each bill is backed by influential Democrats in the Legislature.

Miller on Wednesday expressed frustration that several of the more
controversial bills in the package - specifically those involving lowering
penalties for drug possession - have not yet been heard in committee.

Asked by a reporter about the chances for bills that would decriminalize
possession of small amounts of marijuana, Miller initially replied that
decriminalization probably is "dead in the water."

However, later he said he wanted to retract that statement. "The fight goes
on," Miller said. "Decriminalization is alive, though it may not be well."

Miller said he expects a House version of SB315 - which would remove
criminal penalties from first-time possession of an ounce or less of
marijuana but would impose a maximum fine of $100 - to be introduced today,
the last day to introduce bills this session.

Both former Gov. Toney Anaya, a Democrat, and former state Rep. Mickey
Barnett, a Republican - lobbyists working to pass Johnson's drug package -
said it is far too early to write an obituary for marijuana
decriminalization or any other of the bills.

"It's only Day 29," Barnett said. "No one knows what's going to happen."

The Lindesmith Center, a New York-based think tank dedicated to drug-law
reform, hired Anaya and Barnett as lobbyists.

Anaya said many Democratic legislators were waiting to see what type of
treatment bill Johnson would propose. "Hopefully, once they see they see
this bill, they will be more open," he said.

He described the rehabilitation bills as "a pretty progressive program."

The bills would allocate $6 million to the Department of Health and $2
million to the Corrections Department for existing and new drug-treatment
programs. There also would be $1.8 million to the Department of Health for
substance-abuse prevention programs for youth.

Sen. Ben Altamirano, D-Silver City, chairman of the Senate Finance
Committee, is sponsoring SB628.

The bill's co-sponsors include Sen. Manny Aragon, D-Albuquerque, who in a
speech on the Senate floor last month called upon Johnson to "put your
money where your mouth is" and be "intellectually honest (about) a monetary
figure on what does it cost to treat heroin addicts."

Rep. Patsy Trujillo-Knauer, D-Santa Fe, and Rep. Max Coll, D-Santa Fe, are
sponsoring the House version, HB783.

Of the eight bills, Anaya said, the ones dealing with criminal sentencing
are the hardest sells.

Another bill would make simple possession of all illegal drugs a
misdemeanor for first- and second-time offenders.

The bill would not allow prior drug-possession convictions to be used to
enhance a defendant's sentences under the state Habitual Offender Law.

Anaya and Miller said some of the other drug-reform bills are making
progress through committees.

SB320 - which would change the law so pharmacists cannot be charged with
drug-paraphernalia offenses for distributing clean needles to drug addicts
- - cleared the Senate Corporations and Transportation Committee this week.

The Senate Judiciary Committee voted 5-3 Monday to recommend passage of
SB314, which is sponsored by Aragon, and would require a criminal
conviction before asset forfeiture. Currently, police can seize and
confiscate assets without charging the owners with a crime.

The House Consumer and Public Affairs Committee is scheduled today to hear
HB431, sponsored by Rep. Joe Thompson, R-Albuquerque, which would allow
sufferers of certain medical conditions to use marijuana as a treatment for
pain and nausea.