Pubdate: Wed, 17 Sep 2014
Source: Albuquerque Journal (NM)
Copyright: 2014 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Dan Boyd
Page: A1

DEBATE HEATS UP ON EASING POT PENALTIES

Secretary of State, NM High Court, 2 Counties Involved

SANTA FE - New Mexico's politically charged debate over marijuana 
decriminalization intensified Tuesday with two counties, the 
secretary of state and the state Supreme Court embroiled in legal 
questions over November ballots.

And the governor had something to say, too.

Santa Fe County joined Bernalillo County in challenging Secretary of 
State Dianna Duran's decision to not allow advisory questions on the 
Nov. 4 ballot. Duran's office, meanwhile, said she would go to 
federal court to challenge the state Supreme Court for holding up the 
mailing of ballots to certain overseas voters.

Meanwhile, Gov. Susana Martinez doubled down on her opposition to 
reducing penalties for possession of small amounts of marijuana, 
saying such decriminalization attempts are a "horrible, horrible idea."

Martinez, a Republican and former prosecutor, made the comments at a 
law enforcement conference in Santa Fe, telling those in attendance 
she will remain opposed to legislative decriminalization and 
legalization proposals.

"In New Mexico, as long as I'm governor, I'm not signing that bill," 
said Martinez, who is running for re-election this year.

The state Supreme Court on Monday had ordered election workers to 
postpone the mailing of general election ballots this weekend until 
the court can decide whether it's legal for Bernalillo County to add 
so-called advisory questions to the ballot.

One of the two non-binding Bernalillo County questions would center 
on marijuana decriminalization, while the other would be on raising 
taxes for mental-health programs.

Duran complained Tuesday about the Supreme Court stay for Bernalillo 
County ballots, saying it will hold up the mailing of ballots to 
overseas voters.

She said she will ask her lawyers to file a motion in federal court 
"to take this case out of the hands" of the state's highest court.

"Equal protection of New Mexico voters is at stake here," she said.

Duran said federal law requires New Mexico to send ballots to 
military personnel no later than Sept. 20. The Supreme Court hearing 
is not scheduled until Sept. 23.

"I believe it is a terrible shame for the New Mexico Supreme Court to 
ignore federal law and to show disregard for our servicemen and 
- -women who are serving throughout the world," Duran said.

She said it was the fourth consecutive election in which state courts 
have delayed sending ballots to members of the armed forces.

Also Tuesday, the Santa Fe County Commission voted unanimously to 
take legal action against Duran to require her to put its own 
nonbinding pot possession question on the ballot in Santa Fe County. 
The county later filed an emergency petition for a writ of mandamus 
in the Supreme Court.

"This is not so much about the marijuana question, it's about 
clarifying the Secretary of State's authority and the county 
commission's authority in placing a question on the ballot," said 
Commissioner Liz Stefanics.

Earlier this month, the Santa Fe commission voted to include a 
question on the ballot asking voters whether the commission should 
support city, county and statewide efforts to decriminalize 
possession of one ounce or less of marijuana.

Santa Fe County's Supreme Court petition says the secretary of state 
was in error when she unilaterally determined that advisory questions 
were unlawful. Her actions "contradict clear law, which places the 
content and placement of the local ballot questions under the 
exclusive control of a county clerk and the corresponding board of 
county commissioners when it adopts an enabling resolution," the 
petition states.

Duran decided last week that state law doesn't allow advisory 
questions on the ballot. That sparked the lawsuits by Santa Fe and 
Bernalillo counties.

Duran said a third county - Chaves County in southeastern New Mexico 
- - had asked about potential nonbinding ballot questions to poll 
voters on several issues, including a ban on wolves, requiring voter 
identification, concealed handguns and a right-to-work measure.

"We informed the county manager that advisory questions on a general 
election ballot are not authorized in statute or in the 
constitution," Duran said in a statement. "Questions on the general 
election ballot have to be authorized in law, and must enact law."

The issue of marijuana policy has emerged as a topic of national 
debate and two western states - Colorado and Washington - recently 
OK'd recreational use of the drug, despite the fact that it remains 
illegal under federal law.

In New Mexico, advocates for reducing marijuana penalties in 
Albuquerque and Santa Fe collected thousands of signatures this 
summer in an attempt to have pot initiatives placed on the Nov. 4 
general election ballot. The Albuquerque effort fell short.

The Santa Fe City Council later decided to bypass voters and adopt a 
decriminalization measure on its own.

The governor has previously expressed opposition to decriminalization 
policies, and her Tuesday remarks included new concerns about the 
impact of the Colorado law - which only applies to individuals age 18 
and older.

She told those in attendance the legalization movement has caused 
problems in New Mexico. When asked to elaborate, Martinez said 
Colorado's law could lead to more people bringing pot into New Mexico.

"There is certainly the potential that people who possess and use 
lawfully in Colorado can cross state lines in any direction and ... 
cause issues for law enforcement in those areas," Martinez told reporters.

Emily Kaltenbach, the director of the New Mexico Drug Policy 
Alliance, countered by saying Martinez's stance on the issue is 
harmful to New Mexico families.

"The collateral consequences for being arrested for a small amount of 
marijuana (in the state) are quite significant," she told the Journal.

Martinez's opponent, Democratic Attorney General Gary King, has said 
that if elected he would push for reduced criminal penalties for 
personal marijuana use, though he opposes legalizing recreational pot 
consumption.
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MAP posted-by: Jay Bergstrom