GOVERNOR'S CONTROVERSIAL VIEWS COULD BECOME LAW

Legislative War On Drug Policy Coming To New Mexico

SANTA FE, N.M. - New Mexico Gov. Gary Johnson has one more shot at seeing
controversial drug policies that made him famous become law when the
Legislature convenes this week in Santa Fe.

Many believe that this time around, it might happen. Opponents say they're
confident it won't.

Six bills are to be introduced during the 30-day session beginning Tuesday,
including a medical marijuana bill and a measure calling for treatment over
incarceration for first- and second-time offenders.

"The bills are small steps in the right direction," Mr. Johnson said. "The
current failed war on drugs is draining the nation and state of vital
resources.

"I believe New Mexicans are beginning to realize that the nation's drug war
is not working and that treatment can be more effective and costs less than
prison for drug offenders."

Critics say liberalizing drug laws will lead to increased drug use.

"We think that treatment, prevention, drug courts, and penalties are the
solution - not legalization," said Darren White, who resigned in November
1999 as head of the state Department of Public Safety because of the
governor's stance on drugs.

Mr. White recently formed Protect New Mexico, an organization that will
lobby for increased treatment funding and urge lawmakers not to liberalize
the state's drug laws.

With less-stringent drug laws, Mr. White predicts that New Mexico could
become a "haven for drug users" and that significantly more than last
year's $9.8 million allocation for drug treatment is necessary to deal with
the problem.

"If they [reform supporters] would have seen the horror and destruction
I've seen because of drug use, we wouldn't even be having this discussion."

Although Mr. Johnson does not have a direct hand in introducing
legislation, his spokeswoman said he would meet with legislators before the
session to plot strategy.

"Whatever they [supporters] would like him to do, he will do," Diane
Kinderwater said.

Mr. Johnson has served two terms and is barred by term limits from seeking
re-election.

The highest-ranking Republican nationally to call for decriminalizing
marijuana, Mr. Johnson sent shock waves around the country when he first
sought to change New Mexico's drug laws nearly three years ago. At the
time, many in the state, including numerous Republicans, were unhappy.

Now, amid an evolving climate and aided by an intense statewide drug
education campaign and economic belt tightening, legislation supporters are
optimistic.

"Last year laid the groundwork for this year," said Katharine Huffman,
director of the New Mexico Drug Policy Project at the Lindesmith
Center-Drug Policy Foundation. "We introduced a lot of bills last year and
for the ones that didn't finish going through, it was a wonderful learning
experience for the legislators and the public."

During the coming session, the legislative package New Mexico lawmakers are
to consider includes habitual offender sentencing reform that challenges
mandatory sentencing laws and puts more discretionary power in the hands of
judges. Another proposal would assess civil penalties for an ounce or less
of marijuana and calls for $100 fines over jail time for people possessing
small amounts of the drug.

Another measure would institute a state waiver on the federal ban on social
program benefits, allowing people who have successfully completed sentences
for drug convictions to apply for federally funded programs, such as
Temporary Assistance to Needy Families and food stamps, if otherwise eligible.

There is legal precedent for some of these measures, most recently for
treatment over incarceration. Last year, California voters passed a similar
bill - Proposition 36 - with 61 percent of the vote.

"The vote reflected the dissatisfaction among voters about the current drug
policy and reflects the awareness that everyone is affected," said Bill
Zimmerman, executive director of the Campaign for New Drug Policies, which
has launched 13 drug reform initiatives in the last five years, 12 of them
successful.

He said California taxpayers are expected to save $250 million a year in
incarceration costs.

Arizona passed a similar measure in 1998 and, according to a report by the
Arizona Supreme Court, has saved $6.7 million.

Rep. Ron Godbey, R-Albuquerque, said he would make it his mission to ensure
that the drug legislation never sees light in New Mexico.

"I am fully prepared to do whatever is necessary in terms of public
outcry," said Mr. Godbey, who favors a "Just Say No" approach to drug policies.

The public's temperature is unclear. A March 2001 poll by Research and
Polling Inc. on behalf of the Lindesmith Center found that about two-thirds
of New Mexicans believe that drug users should be medically treated and
that drug prevention programs should be increased rather than punishing
offenders and sending them to prison. About six in 10 people in the poll,
which had a 5 percentage-point margin of error, also believed that drug
policies are not working.

Rep. Joe Thompson, R-Albuquerque, sponsor of the
treatment-over-incarceration bill, calls it the "jewel in the crown" of the
drug reform package.

He said he believed that public sentiment has made lawmakers less fearful
of the political repercussions of supporting his legislation.

"Now they can make these votes based upon how they feel about it," he said,
"We have a unique opportunity ... [because we] have a governor open to
these bills."