GOVERNOR'S DRUG EFFORTS SHOW FRUIT IN SANTA FE

SANTA FE, N.M., Feb. 13 When he first proposed radical changes to his
state's drug laws almost 18 months ago, Gov. Gary E. Johnson of New Mexico
was viewed by many New Mexicans as something of an oddity.

Here was this otherwise conservative Republican borrowing a hefty page from
the left-wing playbook, urging that possession laws be liberalized, that
drug users get rehabilitation rather than prison terms, that pharmacies be
allowed to provide syringes to addicts.

Now, after his relentless campaign to treat drug abuse as a public health
issue rather than as a criminal justice matter, Mr. Johnson stands a chance
to see his vision fulfilled.

Eight bills that reflect his positions on drug policy are making their way
through the New Mexico Legislature. California, New York and dozens of other
states have passed some of the same ideas into law, and others have taken
effect through ballot proposals.

But experts on drug policy say no other state in recent years has considered
so many legislative changes at once, putting New Mexico at the forefront of
a policy shift that many state politicians once considered outrageous, even
dangerous.

"None of these measures, by itself, is radical," said Ethan A. Nadelmann,
executive director of the Lindesmith Center, a leading national organization
for overhauling drug policy. "But as a package, they are a leap forward."

Mr. Johnson, who has made drug-law changes a hallmark of his second and
final four-year term, said he was ecstatic about the effects of his efforts.
"A year ago, I wouldn't have dreamed this drug package would have generated
so much support," he said in an interview in his office here, citing public
response that he said was running 20-to-1 in favor. "I don't think it is out
of bounds to believe that all eight pieces have a chance to pass."

His approach to solving drug problems, he said, reflects a traditional
cost-benefit analysis that any fiscal conservative would take. At the same
time it represents a major break from the usual mode of attack in the
nation's so-called war on drugs, which has directed the power of law
enforcement against suppliers and users alike.

In arguing that those efforts have produced only limited success, Mr.
Johnson has become one of the nation's highest elected officials to advocate
alternative means to reduce drug abuse and spare taxpayers the enormous
costs of prosecuting low-level drug offenders and filling prisons with them.

Last May, Mr. Johnson appointed a panel of prominent officials that included
a federal judge in Colorado to evaluate New Mexico's drug policies and
recommend changes. Their report was the basis for the proposed legislation.

No other states have embraced such a comprehensive approach, and Attorney
General John Ashcroft has said the Bush administration will pursue a strict
approach to drug crimes without indicating much willingness to consider the
many changes Mr. Johnson is pushing.

That has not dampened Mr. Johnson's enthusiasm. "I've talked to Bush twice
about this," the governor said proudly. "So far, he hasn't dismissed me."

Here in the Legislature, the climate for a new direction appears warmer. The
lobbyists representing the governor - one to work Republican lawmakers,
another for Democrats - predicted that as many as five, perhaps six of the
measures were likely to pass before the session ended next month.

The lobbyists - Mickey Barnett, a senior Republican Party official, and
Toney Anaya, a former Democratic governor - said two bills were virtually
certain to pass.

One, known as the Medical Marijuana Law, would exempt from prosecution
anyone who uses "a reasonable supply" of marijuana to ease the pain of
certain illnesses. Eight states and the District of Columbia have passed
similar measures, and about 15 other states are considering the idea.

The other safe bet is a bill that would require that an offender be
convicted before any assets could be confiscated, a measure similar to one
passed by Congress last year and by Oregon and Utah through ballot
initiatives.

Three more measures, the lobbyists said, have a good chance to pass. They
include a bill that would protect pharmacists from criminal prosecution for
selling clean syringes to drug users, a law in about 40 other states.
Another would follow many other states in adding money for drug treatment,
prevention and education programs to be used as local officials deem
appropriate. The measure would nearly double, to $24 million, the money
available, and officials estimate that as many as 33,000 people would be
helped, an increase of more than 25 percent.

A third bill, which has gained little traction elsewhere, would provide
immunity from prosecution for anyone who administered prescription drugs
known as "opioid antagonists" to reverse the effects of a heroin or opium
overdose.

The lobbyists said the remaining measures would be the hardest to sell.

One would resemble new laws in California, New York and other states to
provide treatment rather than incarceration for first- and second-time
offenders involved with small amounts of drugs. Another would decriminalize
possession of one ounce of marijuana, as 10 other states have.

A third would allow judges to deviate from sentencing guidelines. A handful
of other states, including New York, are considering such a measure.

Mr. Johnson's efforts have raised his profile considerably - but not so
much, he said with a laugh, that President Bush might consider appointing
him as the nation's drug czar.

"Not me," Mr. Johnson said, conceding that his positions might frighten as
many people as they impress. "On this issue, I am radioactive."