cannabisnews.com: Ease Drug Penalties, Gov's Advisers Say





Ease Drug Penalties, Gov's Advisers Say
Posted by FoM on January 05, 2001 at 08:40:38 PT
By S.U. Mahesh, Journal Capitol Bureau
Source: Albuquerque Journal 
Gov. Gary Johnson's drug policy advisers on Thursday recommended knocking down first- and second-time drug possession offenses in New Mexico from felonies to misdemeanors.   The Drug Policy Advisory Group also recommended decriminalizing personal marijuana possession in the state for amounts of up to an ounce. 
Retired state District Judge W.C. "Woody" Smith of Albuquerque, the advisory group's chairman, said the sentencing reforms are intended to move more petty drug offenders from prisons to treatment programs.   "It's silly not giving people every opportunity to get back into the mainstream," Smith said at a news conference to unveil the recommendations. "With a felony on their record, they can't vote, they can't join the military, they can't get student loans ... There are all kinds of things that punish them."   But Matt Sandoval of Las Vegas, N.M., president of the New Mexico District Attorneys Association, said, "These proposals amount to outright legalization."   Johnson's group also is proposing amending an existing state law to allow certain patients to use marijuana for medical treatments.   The advisory group's recommendations now go to the Republican governor, who can consider whether to recommend changes in state law to the Legislature. Johnson declined to comment on the recommendations until today.   Johnson created the drug policy advisory group in mid-2000, using private money. It was instructed to develop policies on drug treatment and prevention, needle exchanges, increased drug education, government-run clinics to dispense drugs to addicts and methadone prescription programs in prisons.   Under New Mexico criminal laws, all first- and second-time drug possession charges, except for possession of marijuana, are fourth-degree felonies, carrying a maximum penalty of 18 months in prison.   Under the Johnson advisory group proposal, those convicted of first and second drug possessions would not spend any time in jail or prison. Instead, they would be put on probation and ordered to undergo treatment.   Smith said the group also agreed to recommend decriminalizing possession of up to an ounce of marijuana.   "We want to make sure it's not something of a crime," he said.   Currently, possession of less than an ounce of marijuana is a petty misdemeanor punishable by 15 days in jail and/or up to $100 in fines.   Sandoval, district attorney for the 4th Judicial District, contended that the sentencing reforms and decriminalizing marijuana would only lead to higher drug use.   "It really reinforces the behavior and greatly expands the drug use," Sandoval said. "It would cost more in the long run. I don't believe that people in New Mexico are going to buy it."   Lemuel Martinez, district attorney for the 13th Judicial District, said decriminalizing marijuana would take away the courts' option of ordering drug offenders to treatment programs and monitoring them afterwards.   "Without any criminal penalty or probation, you can't force them for treatment," Martinez said.   Nick Bakas, state public safety secretary and an advisory group member, said he got mixed reaction from his State Police officers on the idea of marijuana decriminalization.   However, Bakas added, "We don't have an appetite to pursue less than an ounce of marijuana. We have bigger things on our plate."   Bakas said existing drug policies have failed and have not reduced the easy availability of drugs on the streets.   "We can't put drugs out of the maximum-security prison," he said.   The advisory group also is recommending amending the state's existing Lynn Pierson Act to allow patients suffering from cancer, AIDS, HIV and other painful neurological disorders to use marijuana for medical purposes, such as treating nausea.   "We believe that the use of medical marijuana is a compassionate tool which will help alleviate pain and suffering," said state Health Secretary Alex Valdez, another advisory group member.   New Mexico's medical marijuana act was passed in 1978 and named for a 26-year-old cancer patient.   More than 150 people used marijuana for medical purposes under New Mexico's law until 1986, when lawmakers stopped appropriating the $50,000 needed annually to run the program.   The group also is calling for more money for treatment programs, including programs for prison inmates and making sterile syringes more easily available to addicts. Source: Albuquerque Journal (NM)Author: S.U. Mahesh, Journal Capitol BureauPublished: Friday, January 5, 2001Copyright: 2000 Albuquerque JournalAddress: P.O. Drawer J, Albuquerque, N.M. 87103Contact: opinion abqjournal.comWebsite: http://www.abqjournal.com/Related Article & Web Sites:Governor Gary Johnson's Home Pagehttp://www.governor.state.nm.us/New Mexico Drug Policy Foundation http://www.newmexicodrugpolicy.org/New Mexico Thumbs It's Nose at The War on Drugshttp://cannabisnews.com/news/thread8203.shtmlAnother Prohibition, Another Failure http://cannabisnews.com/news/thread8162.shtml CannabisNews Articles - Governor Gary Johnsonhttp://cannabisnews.com/thcgi/search.pl?K=gary+johnson
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Comment #3 posted by sm247 on January 05, 2001 at 23:55:07 PT
Treatment
I think that after treatment if an adult chooses to continue using marijuana then the government allow that person to do so in the privacy of their own home and not in the presence of minors.1/4 lb personal possesion and 7 plants to plenish their personal supply. If they sell it then they could be fined and taxed.Industrial use should be promoted and medical use should be explored and research to find hiiden cures that the plant may hold .If the marijuana plant could have saved my father from dying then the government was responsible for his death.
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Comment #2 posted by observer on January 05, 2001 at 10:10:13 PT
Prosecutor's Crocodile Tears
Lemuel Martinez, district attorney for the 13th Judicial District, said decriminalizing marijuana would take away the courts' option of ordering drug offenders [typical conflation: MJ becomes "drugs" -obs.] to treatment programs and monitoring them afterwards. "Without any criminal penalty or probation, you can't force them for treatment," Martinez said.Oh ... but I thought that you guys never jailed cannabis users. This nicely exposes the lying hypocrisy of police/prosecutor/judges about "treatment"... the lion's share of court-ordered "treatment" is for people caught using cannabis, and "forced" into treatment, regardless of whether or not they seek "help". What this corrupted prosecutor is really saying is this: "Waaaa! We might lose funding to persecute marijuana smokers! Waaaa! Waaaa!" 
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Comment #1 posted by Ethan Russo, MD on January 05, 2001 at 08:54:56 PT:
A Monochromatic Prohibitionist Speaks
"These proposals amount to outright legalization." This kind of idiotic, and inaccurate statement demontrates the kind of mindless opposition we face from legislators. Consider this: how does the youth of America respond to such obvious falsehoods about drugs? They say, That's bogus, man!" and then do their own thing. If this ideologue thinks that he is positively influencing the debate, he is more deluded than he appears.
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