Pubdate: Mon, 30 Apr 2001 Source: San Diego Union Tribune (CA) Copyright: 2001 Union-Tribune Publishing Co. Contact: http://www.mapinc.org/media/386 Website: http://www.uniontrib.com/ Author: Bill Ainsworth Bookmark: http://www.mapinc.org/johnson.htm (Johnson, Gary) GOVERNOR'S AIM: REFORM DRUG POLICY New Mexico Republican Wants To Liberalize Laws SANTA FE, N.M. -- A conservative Republican and a fitness fanatic, New Mexico Gov. Gary Johnson doesn't even sip alcohol, let alone take drugs. The governor doesn't want anyone else to, either. But he also doesn't want people who take drugs to end up in prison. That's why the tough-on-crime former businessman is leading the revolt against the way the war on drugs is being waged in his state. Johnson insists that making drug use a crime merely fills up prisons and courtrooms while discouraging addicts from seeking treatment. "We cannot continue to arrest and lock people up for crimes that are committed against oneself," he said. Instead, he believes drug users should be prosecuted for any damage, or potential damage, they cause while on drugs. For instance, he supports penalties for driving under the influence. "If you are going to use it and harm someone or put yourself into a position to do harm, then that should always be criminal," he said. This spring, Johnson signed legislation enacting part of his plan: increasing drug treatment spending by about 35 percent and legalizing the sale of syringes to try to reduce the spread of HIV, which leads to AIDS. Next year, his last in office, Johnson will push the rest of his program: diverting users from jail to treatment, decriminalizing possession of small amounts of marijuana and making it harder to seize property associated with drug sales. Other states, including California and Arizona, have liberalized their drug laws. But those changes were made by direct vote. Voters, according to polls and election results, tend to be more willing to embrace change than elected officials, who often fear being labeled "soft on crime." In California, for example, many elected officials, including Democratic Gov. Gray Davis, opposed Proposition 36, which diverts drug users from jail to treatment. It passed with 61 percent of the vote. Johnson's effort represents a test case. He's the first governor who is trying to overhaul drug laws by persuading elected officials, rather than voters. New Mexico, which doesn't have the initiative process, might seem like an unlikely place to lead a political movement. It's a relatively poor and rural state with 1.7 million residents. But the state, which is on a heroin route from Mexico to Denver, has serious drug problems. Rio Arriba, an impoverished county in the north, has the highest heroin addiction rate in the nation, state officials say. New Mexico was one of the first states to dramatically reduce the penalty for possessing small amounts of marijuana to a $50 fine. "We've always been open to new ideas," said Democratic state Sen. Cisco McSorley. Johnson believes that New Mexico lawmakers are more ready than ever to accept new approaches to drugs -- thanks to his tireless campaign and a shift in public opinion. "New Mexico is having a more advanced discussion on this topic than anywhere else in the nation," he said. "Last year we wouldn't have dreamed that we would be where we're at now." Still, Johnson faces opposition from his state's Legislature. Republican state Rep. Ron Godbey, a retired Air Force officer, argues that decriminalizing drugs tells young people that experimenting with drugs is acceptable. He believes that the number of addicts will go up dramatically if Johnson's program passes. "New Mexico wasn't ready for this and I hope we never will be," he said. Unlikely Revolutionary In a modern state Capitol designed more like an art museum than a stately government building, Johnson stands out. Surrounded by the modern art that draws the wealthy, the elite and the tasteful to Santa Fe, Johnson wears cowboy boots and jeans to work. The 48-year-old governor had no political experience before winning office in 1994. Instead, he had a personal fortune and a record as a determined businessman who built a thriving construction business. Johnson ran in 1994 and 1998 as a tough-on-crime, free-market Republican who favored term limits, tax cuts and school vouchers, and professed a willingness to shake up the system. He also freely admitted that he had experimented with marijuana and cocaine as a college student. But he never mentioned his views on drug policy. Republican Godbey said his omission amounts to a "fraud" perpetrated on New Mexico voters. "If he had talked about this, he never would have gotten elected," he said. McSorley, a Democrat, also faults Johnson, saying his omission sent the signal that a frank discussion on drugs would be rejected by voters. "It sent the wrong message to state legislators," he said, "the message that this couldn't be discussed openly." Johnson vetoed legislation in his first term that he now embraces as part of his drug program -- expanded treatment and changing the state's drug asset forfeiture laws to protect property owners. The governor doesn't mind confessing that he's changed his mind. In fact, his homespun philosophy, Seven Principles of Good Government, includes "admitting mistakes immediately." Johnson acknowledges his earlier vetoes were mistakes and he agrees with critics that he should have been more open in 1998 about his views on drugs. "You could say that it was a lack of courage," he said. Johnson said that he began privately questioning how the drug war was being waged in 1995, when he asked Cabinet members to look at alternatives, including decriminalization. He waited until 1999 to go public. "It was a conscious decision to elevate the discussion," he said. Since then, he said, he has learned that there are constructive alternatives to locking up drug users. He credits the Lindesmith Center for educating him. The New York-based think tank, which set up an office in Santa Fe to push Johnson's program, is funded in part by businessman/philanthropist George Soros. Soros helped bankroll California's Proposition 215, which legalized medical marijuana in 1996, and Proposition 36, which diverts some drug users from jail to treatment. When he first came out against the drug war, Johnson said constituent comment was in favor by an 8-1 ratio. Now he said support is even greater, about 20-1. By contrast, constituents who contact him are split on school vouchers, his second priority. Some Republicans see Johnson as a heretic, a traitor to his party. "The party is somewhat embarrassed by what he's done," Godbey said. "They don't like to talk about it because they want to project unity, but individually they are upset." Johnson insists that he has solid Republican support. Republicans, he said, should agree that people should not be prosecuted for harming themselves. "Republicans say, 'If you're so stupid to smoke cigarettes then so be it, but lay off the cigarette manufacturers,' " he said. "Amazingly, Republicans disconnect on this issue. This is about personal responsibility and holding people accountable for their actions." Democrats, who control the Legislature, may be more open to Johnson's program, but some don't trust him. "He has always been confrontational and derogatory toward the Legislature," McSorley said. Johnson admits that his unwillingness to cut deals with lawmakers in the past may hurt him now. But he said it is precisely this kind of maverick, lone-wolf approach that gives him the courage to discuss something most politicians ignore. He believes his experience as a teetotaler gives him added credibility. Thirteen years ago he gave up alcohol once he found that even a couple of drinks interfered with his demanding training schedule, which begins at 5 a.m. each day with two hours of bike riding. "This is partially due to athletics, but I'm a naturally high kind of guy," he said. "I've found that all drugs are a handicap." Johnson is focused on improving his time in triathlons. That's one reason he plans to leave elected office permanently after his term is up next year. He also wants to climb Mount Everest. It will be a tough climb, but then so is changing the state's drug laws. Johnson said he takes the same attitude toward both goals. "I'm not holding stock in the outcome, but the journey," he said. "I'll be on that mountain, whether I get to the top or not." - --- MAP posted-by: Doc-Hawk