JOHNSON'S DRUG-REFORM GLASS HALF FULL, HALF EMPTY

Gov. Gary Johnson has had a controversial and politically polarizing dream
for the past couple of years.

The Republican, a nationally known critic of the war on drugs, has dreamed
of reforming New Mexico's drug laws. Johnson, in his last year as governor,
saw part of his drug policy wish list fade away and another part realized
as the 2002 legislative session came to a close last week.

"We got half of what we were after," he said during a news conference
following the session. "Although some didn't pass, some did and overall,
that was one of the bright spots, I thought."

In the closing moments of the session, the Legislature passed part of the
governor's six-bill reform package, including a measure aimed at preventing
abuses of the state's forfeiture law and one that would give judges more
discretion in sentencing some nonviolent habitual offenders.

The Legislature, however, shot down for the second year the governor's more
controversial proposals - legalizing the medical use of marijuana,
decriminalization of possession of small amounts of marijuana, and
treatment instead of prison time for nonviolent first- and second-time drug
offenders.

Those measures have been at the top of the governor's list for the past two
years, and the Legislature hasn't missed an opportunity to snub them.

House Speaker Ben Lujan, D-Santa Fe, said lawmakers attempted to compromise
this year on other issues but drew the line at drug legislation.

"We were not willing to do that," he said.

For Johnson, the medical marijuana bill appeared to have a chance. It would
have made it legal for critically ill patients to smoke pot to relieve
their symptoms. The Senate voted down an attempt to rescue the bill from
committee.

"I thought that anyone in pain, anyone suffering from cancer, if they found
relief from smoking marijuana, I really thought that as a legislator, how
could you not vote yes for that?" the governor asked.

How could lawmakers not vote yes?

The answers range from poor tactics on the part of the governor to
ideological differences too great to reach a compromise to just plain politics.

Supporters say the governor makes a point - that current drug policies
infringe on individual liberties, clog up the criminal justice system with
nonviolent drug offenders and focus on prison time rather than treatment.

Critics contend easing New Mexico's drug policies could create a haven for
drug users and an increase in crime.

For some lawmakers, that's too much to swallow.

"I truly believe that had these bills passed, our state would have been
ruined," said Sen. Ramsay Gorham, R-Albuquerque. Our families would have
started decaying. The children would not have had good role models."

Gorham said she has seen no concrete evidence drug policy changes would cut
down on illegal drug use or help control prison costs.

"We looked carefully at what each bill would have done legally," she said.
"Our goal was turn over every stone."

Another obstacle was the crush of legislation relating to budget and tax
issues lawmakers had to address during the 30-day session.

"The governor never gave the drug reform agenda a chance," said Sen. Cisco
McSorley, D-Albuquerque. "He allowed so many bills to be considered.
Anybody who opposed his bills could use them as a screen to slow the
process down."

McSorley also pointed out Johnson did not make drug policy an issue during
his last gubernatorial campaign. He brought it up only after his re-election.

"If he really believed in the issue he should have allowed the electorate
four years ago to discuss the issue. He kept it out of public debate and
expected lawmakers to work with him," McSorley said. "These are huge issues
that need cultivation at the grass roots level."

One of the most obvious obstacles for Johnson has been politics.

Darren White, who served as the secretary of the Department of Public
Safety under Johnson, pointed to the constant head-butting between the
Republican governor and the Democrat-controlled Legislature over everything
from drugs to the state budget.

"When you have two sides as polarized as much as they have been, I don't
think it's any surprise," said White, who parted ways with Johnson when he
began pushing the decriminalization of marijuana.

The anti-Johnson factor also was apparent to former Gov. Toney Anaya, who
has worked with the New York-based Lindesmith Center on drug law changes in
New Mexico.

If Johnson had another chance at making his dream come true, Anaya said he
would offer some different advice.

"I'd tell him to tell legislators that he's out of the drug policy
business. That way, I think, he would have a better chance of getting some
bills through," Anaya said.

Despite the heated discussions and moving testimony that has surrounded the
drug policy debate in New Mexico, not many people can argue that no good
has come from Johnson putting the issue on the table.

"No one can argue that drug policy doesn't need to be debated," said White,
executive director of the anti-drug group Protect New Mexico. "It is a
problem that wreaks havoc and destruction on our communities."

Education has been one of the unintended consequences of the drug debate,
Anaya said.

"I see these past few years as the education of Gary Johnson. The governor
became involved in the debate beyond just thinking about the conceptual
part of it," Anaya said. "He was forced to begin looking at the nuts and
bolts of the issue."

The nuts and bolts, Anaya said, helped everyone involved in the debate
realize that winning the war on drugs is bigger than legalizing drugs. More
attention has been focused on treatment programs, sentencing options and
prison population, he said.

"In respect to Governor Johnson, if he hadn't brought up this issue, it
wouldn't have been discussed the way it has been,'"Anaya said.