Pubdate: Wed, 27 Feb 2013
Source: Albuquerque Journal (NM)
Copyright: 2013 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Deborah Baker
Page: A4

PANEL OKS REDUCED PENALTIES FOR POT

A bill reducing the penalties for adults found with small amounts of 
marijuana got the go-ahead from a legislative committee on Tuesday, 
with supporters saying it would save the state money and free up 
police to focus on more serious crime.

The House Consumer and Public Affairs Committee voted 3-2 for the 
bill, sponsored by Rep. Emily Kane, a freshman Democrat and an 
Albuquerque Fire Department captain.

"It's not decriminalization we're talking about; it's still a crime. 
It's just a different way of assessing a penalty," Kane told the panel.

Her bill heads next to the House Judiciary Committee.

Under House Bill 465, possession of less than 8 ounces of marijuana 
would be punishable by fines but not jail time. Under current law, 
offenders can be jailed for up to 15 days for a first offense of 
possessing an ounce or less, and up to a year for subsequent offenses 
or for larger amounts up to 8 ounces.

Possession of more than 8 ounces would remain a fourth degree felony, 
subject to up to 18 months in prison.

"It's almost a back-door way of legalizing" and could lead to greater 
use, objected Rep. Jason Harper of Rio Rancho, one of the two 
Republicans who opposed it. Three Democrats voted for it.

According to the Drug Policy Alliance, which supports the bill, there 
were 3,277 marijuana possession arrests in New Mexico in 2010, 63 
percent of them coming from Dona Ana, Chaves, Sandoval, San Juan and 
Bernalillo counties. The alliance says New Mexico spends more than $5 
million annually on marijuana possession arrests, not counting 
prosecution and incarceration.

The Drug Policy Alliance on Tuesday issued the results of a poll it 
commissioned that showed 57 percent of New Mexico voters favor 
reducing the penalty for adult possession of marijuana for personal 
use from a misdemeanor crime to a civil penalty, with small fines and 
no jail time.

The poll of 514 registered voters was conducted Jan. 25-Feb. 3 by 
Research & Polling Inc. and had a margin of error of plus or minus 
4.4 percentage points.

The poll also showed 52 percent of voters supporting legalizing 
marijuana for adults so that it could be taxed and regulated like 
alcohol, with restrictions for minors.

Sen. Gerald Ortiz y Pino, D-Albuquerque, is sponsoring a nonbinding 
memorial asking the Economic Development Department to study the 
budgetary impact of legalizing, regulating and taxing marijuana.

Ortiz y Pino said depending on what the study showed, he would 
introduce a constitutional amendment next year to legalize marijuana. 
If the Legislature approved it, it would go to voters.
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MAP posted-by: Jay Bergstrom