DRUG REFORMERS PUT SPIN ON DEFEAT

SANTA FE - Former Gov. Toney Anaya tried to put a good face on the
drug law reform effort, which again this year mainly failed in the
Legislature.

Anaya, a lobbyist for the organization pushing to reform drug laws,
continued to make his case to legislators up until the last possible
moment.

But he acknowledged that key drug policy bills that were championed
by Gov. Gary Johnson did not survive.

As the 30-day session came to a close today at noon, Anaya was left
looking at the bright side of efforts to ease drug laws.

"One of the good consequences of Gov. Johnson raising the debate is
not just educating the Legislature on the failure of current drug
laws," Anaya, a Democrat, said. "I think this debate educated Gov.
Johnson on the consequences of these types of laws across the board."

Johnson, for example, once vetoed a bill that would allow police to
seize assets only of people convicted of drug possession. The current
law allows police to take items, such as cars and cash, from people
who are only arrested for certain crimes.

But Johnson embraced the bill this year, and he is expected to sign
the measure if it gets to his desk.

Opponents who helped kill many of the drug bills framed their effort
as a victory.

Sen. Ramsay Gorham said the strong resistance from drug law reform
opponents was a significant factor this year in defeating the
measures.

"I think, considering last year, what's new this year is you saw a
voice on the other side," said Gorham, a North Valley Republican, who
helped lead the charge against the drug bills.

Gorham's husband, Frank Gorham III, founded a group called Protect
New Mexico that fought the bills.

"I think we presented more accurate facts about these issues," Ramsay
Gorham said. "Once they were presented, it changed the entire debate
and the votes."

Here is the final status of Gov. Gary Johnson's drug policy reform
package for the 2002 session:

Passed

House Bill 26 Habitual offenders

Sponsor: Rep. W. Ken Martinez, a Grants Democrat

Purpose: No longer requires judges to sentence drug offenders to
extra time in prison if they have prior convictions. Now, judges will
have flexibility to add extra time or keep sentences the same.

Status: On the governor's desk, likely to be signed.

Senate Bill 5 Civil asset forfeiture.

Sponsor: Senate Majority Leader Manny Aragon

Purpose: No longer allows the government to automatically seize a
person's assets, such as a car or cash, when they are accused of
certain crimes, such as drug crimes. This bill would require a person
to be convicted of a crime before police can take the assets.

Status: Sent to the governor on the last day of the session.

House Bill 11 Medicaid for convicted drug offenders.

Sponsor: Rep. Joe Thompson, an Albuquerque Republican.

Purpose: Changes the law so the state can get a waiver to allow a
person convicted of a drug offense to qualify for federally funded
benefits, such as welfare assistance or food stamps.

Status: Sent to the governor.

Failed

Senate Bill 8 Medicinal marijuana

Sponsor: Sen. Roman Maes, a Santa Fe Democrat

Purpose: The state would have grown and distributed marijuana to
qualified patients with debilitating diseases to relieve side effects
from drugs and treatments.

Status: Died on a 5-5 vote in the Senate Judiciary Committee. An
attempt to debate the idea on the Senate floor also failed.

House Bill 25 Decriminalizing the possession of marijuana

Sponsor: Rep. Gail Beam, an Albuquerque Democrat

Purpose: Would have made the possession of 1 ounce of marijuana a
civil penalty, rather than a criminal sanction. That means a person
could have faced a fine, rather than the possibility of jail time.

Status: Died in the House Consumer and Public Affairs Committee.

Senate Bill 331 Treatment instead of incarceration

Sponsor: Sen. Ben Altamirano, a Silver City Democrat

Purpose: Sends people convicted the first and second time for drug
possession to treatment rather than to prison cells. The crime
classification for those people would also be reduced to a
misdemeanor rather than a felony.

Status: Sent to the governor.