Pubdate: Thu, 08 Oct 2015
Source: Albuquerque Journal (NM)
Copyright: 2015 Albuquerque Journal
Contact:  http://www.abqjournal.com/
Details: http://www.mapinc.org/media/10
Author: Dan McKay

COUNCILORS FAIL TO OVERRIDE MAYOR'S VETO OF POT BILL

Mayor Richard Berry's veto of a marijuana decriminalization bill 
withstood a challenge from Albuquerque city councilors on Wednesday.

Democrats on the City Council failed to persuade one of their 
Republican colleagues to change positions and join them in favor of a 
veto override.

But no one changed positions. The override attempt failed on a 5-4 
vote along party lines.

It takes six of nine councilors to override a mayoral veto.

About a half-dozen speakers urged councilors to override the veto and 
enact the legislation - which called for making it a civil offense, 
not a criminal violation, under city law to possess an ounce or less 
of marijuana.

A companion bill sought to make marijuana a low priority for law enforcement.

Berry, a Republican, vetoed both proposals. He said they conflicted 
with state and federal law.

Councilors Isaac Benton and Rey Garduno, who co-sponsored the 
legislation, said cities have authority to set their own penalties 
for marijuana possession. That gives police officers discretion to 
cite people under either a local ordinance or under state law, they said.

Furthermore, the two argued, local voters already support reducing 
marijuana penalties.

"We don't have to wait for the federal government or the state of New 
Mexico to tell us how to govern our own community, or respond to the 
voice of the community," Benton said as he read a joint statement.

About 60 percent of Bernalillo County voters last year expressed 
support for decriminalizing possession of small amounts of marijuana. 
That was in response to a nonbinding question on the generalelection ballot.

None of the council's four Republicans spoke about the veto 
Wednesday. But they've previously said they don't view city 
government as the right venue for changing drug laws.

That didn't stop people from trying to change their minds.

Mike Blessing of the Libertarian Party of New Mexico told councilors 
they were supporting organized crime if they refuse to change the 
law. Support for an override, however, means "you're standing up for 
free markets," Blessing said.

Other supporters said that a marijuana conviction can make it hard to 
find a job and that enforcement draws resources away from more serious crimes.

"The war on drugs has been a terrible failure," Garduno said. "We 
know this isn't working."

In New Mexico, marijuana use is legal only for medical purposes.

Supporting the override were Benton, Garduno, Ken Sanchez, Diane 
Gibson and Klarissa Pena, all Democrats.

Republicans Brad Winter, Dan Lewis, Trudy Jones and Don Harris voted "no."
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MAP posted-by: Jay Bergstrom