GOVERNOR TO PURSUE CHANGES IN DRUG POLICY

The Johnson Administration Is Drafting Eight Legislative Bills That
Would Alter The State's Drug Laws -- Including Decriminalizing Marijuana.

SANTA FE -- Gov. Gary Johnson said his administration is drafting
eight legislative bills that deal with changing the state's drug
policies -- including the decriminalization of the possession and use
of marijuana.

Johnson appeared upbeat during a news conference this morning about
how his drug-policy agenda is shaping up now that he has solid ideas
to pitch to legislators when they meet starting Jan. 16.

It's clear Johnson, who is in his last two years in office, has a
strategy for pushing for drug law changes. He said he will hold
another news conference to release details of the bills and keep the
drug issue on the "front burner.

A year ago, Johnson said he wouldn't call for the Legislature to
change the state drug laws.

He said a lot has changed since then, and he senses growing political
support for revamping drug laws. He cited specifically President
Clinton's recent support for decriminalizing possession of small
amounts of marijuana.

The state Senate, with strong Republican support, last year passed a
resolution denouncing efforts to soften the state's drug laws.

But this week the Governor's Drug Policy Advisory Group released its
drug policy recommendations that range from the obvious to the
controversial.

"I wanted to tell you here today that, without exception, I think this
report really just nails it on the head," Johnson, a Republican, said
of the group's ideas.

"I think that they have recommended a common-sense approach to drug
policy," he said.

Johnson said the bills he will send to the Legislature will tackle
issues such as allowing needle-exchange programs at pharmacies and not
just clinics; decriminalizing possession and use of small amounts of
marijuana; eliminating mandatory prison sentences for certain drug
convictions; and allowing some terminally ill patients to use
marijuana to relieve side-effects from their treatments.

None of the bills focus on expanding the state's drug treatment
programs. Johnson was reluctant to say how much new money should be
spent on expanding drug treatment.

The governor said he has talked to both Republican and Democratic
legislators about carrying his drug legislative package. But he did
not release their names.

Johnson acknowledged some of the ideas in the report are not new. He
said he made a mistake in the past when vetoing a bill that would have
changed the way the state deals with seizure of drug-dealers' assets.

"I have made mistakes since I've been governor," Johnson said. "If I
were given the same bill on asset forfeiture that I vetoed, . . . I
would now sign that bill."

One of the pitfalls Johnson foresees when the Legislature takes up his
drug-policy plan is the possibility that Democratic leaders will only
pass the portions that they like, while more controversial ideas are
ignored.

Nevertheless, Johnson said he senses that efforts to reform drug laws
are gaining momentum.

"I think the entire nation right now is focused on New Mexico and drug
reform, and what we might accomplish," Johnson said. "And right now I
sense a crack in the dam. I sense a tipping point here. And I sense
everybody wants to back off of this getting-tougher concept."

Not everybody. A leading legislative critic is leery about Johnson's
efforts to change drug policies.

Rep. Ron Godbey said he believes Johnson is using so-called
"harm-reduction" programs as a means toward more liberal drug laws.

"Decriminalization is a fancy word for legalization," Godbey, an
Albuquerque Republican, said. "What it amounts to is looking the other
way when it comes to marijuana."

Godbey, who has promised to fight Johnson's drug-policy proposals in
the Legislature, said he met with members of the advisory group to no
avail.

"I'll oppose most of the things they are talking about," Godbey
said.

Retired state District Judge Woody Smith, who chaired the drug-policy
group that Johnson hand-picked, said he realizes there will be
opposition to reform efforts.

"It's going to take time to get people to even listen," Smith
said.

Smith and others in the group urged the public and legislators to
consider the entire package of recommendations with an open mind.

"I feel these changes, if they are taken seriously, will make things
better in this state," Smith said.

Aside from the legislation Johnson is pursuing, several other
recommendations from the group will be dealt with administratively.

Johnson said his chief of staff, Lou Gallegos, will assess all of the
drug programs in the state.

And Johnson has instructed the state Department of Finance and
Administration to create a "global drug budget" that measures results
of drug programs.

The push for new drug-control strategies was born out of Johnson's
controversial support, first, to decriminalize drug possession, then
later to legalize some drugs.

The reason for decriminalizing marijuana use -- basically removing
criminal sanctions for possession of 1 ounce or less of the drug -- is
to free up jail and prison space for violent criminals.

However, the group did not directly address the idea of legalizing
drugs, which Johnson feels is a national issue for Congress, not
states, to deal with.

DRUG POLICIES

The Governor's Drug Policy Advisory Group made several recommendations
for changes to New Mexico's war on drugs. The group was created by
Gov. Gary Johnson to come up with ideas that he can pursue to change
New Mexico's drug policies.

Here are the main recommendations that Johnson will now consider as
policy changes:

PREVENTION AND DRUG EDUCATION

Money. More cash for proven drug education and prevention programs,
including programs in schools.

Mental health. Encourage several state agencies and local school
systems to work together to increase mental health and substance-abuse
treatment services for kids.

TREATMENT ON DEMAND

Money. Expand voluntary substance-abuse treatment services.

Medicaid. Renegotiate Medicaid contracts so that mental health and
substance-abuse treatments also include methadone maintenance and
other therapies.

Counselors. Change state law to allow people who complete jail time
and treatment to serve as substance-abuse counselors.

Shifting resources. Move resources between state agencies to make
voluntary treatment available to anyone who requests it.

Federal dollars. Explore more sources for federal money for
treatment.

HARM REDUCTION POLICIES

Needle exchange. Expand the 20 programs already available to exchange
clean syringes for used syringes for drug users; change pharmacy laws
to allow pharmacists to sell clean syringes without facing liability;
change the Controlled Substances Act so that syringes are no longer
considered drug paraphernalia in order to arrest people; and allow
people to carry syringes any time, not just on the way back and forth
to exchange sites.

Methadone. Make methadone therapies more broadly available to help
addicts reduce the use of illegal opiates, such as heroin. State
health officials would have to seek waivers from the federal
government to allow methadone therapies to be offered in physicians'
offices or public health offices. Also allow methadone therapies as an
option in drug treatment, prisons and Drug Court programs.

Overdoses. The Department of Health should continue to make the
medication naloxone available to local communities. The medication is
used to reverse the effects of opiates and to prevent overdose.

Medical marijuana. Change the current Lynn Pierson Act, the existing
medicinal marijuana law in New Mexico, so certain patients could use
marijuana to help treat the effects of diseases and illnesses, such as
glaucoma, and the side effects of treatments for diseases and
illnesses, such as cancer chemotherapy. The current law allows medical
marijuana only in research settings.

SENTENCING REFORM

Reduce charges. Change state law to reduce first and second drug
possession offenses to misdemeanors; require automatic probation and
substance-abuse treatment, rather than jail time, for those offenses.

Decriminalize. Change state law to remove the criminal penalty for
personal possession of 1 ounce or less of marijuana; allow for civil
penalties, rather than criminal penalties, for use of marijuana in
public places.

Drug-related offenses. Change state law, such as the habitual offender
law and mandatory minimum sentences, so that people convicted of
drug-related offenses no longer get automatically increased prison
sentences. Sentencing would be determined on a case-by-case basis.

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GOVERNOR'S DRUG POLICY ADVISORY GROUP

The group's nine members are:

Woody Smith, a retired state District Court judge from
Albuquerque;

Nick Bakas, secretary of the Department of Public Safety;

Alex Valdez, secretary of the Department of Health;

Jim Baca, mayor of Albuquerque;

John Kane, senior judge with the U.S. District Court in
Denver;

Angie Vaccio, executive director of Peanut Butter & Jelly Family
Services;

Cisco McSorley, state Democrat senator from Albuquerque;

Steve Bunch, executive director of the New Mexico Drug Policy
Forum;

Steve Jenison, of the Infectious Disease Bureau of Public Health.
Staff members:

Dave Miller, Gov. Gary Johnson's legislative liaison;

Katharine Huffman, director of the New Mexico Drug Policy Project, the
Lindesmith Center.