Compiled by Anonymous, Drug Policy Alliance. 2002.
Myth: New Mexico is moving too fast on drug policy reform legislation.
Fact: Many other states around the country have already passed similar reforms, and have implemented them successfully. For example: Arizona and California have passed laws allowing for treatment instead of jail for first- and second-time non-violent drug possession offenders; Arkansas, Missouri, Nevada, Oregon, Texas, Utah and Washington have passed civil asset forfeiture reform bills; nine states - Alaska, Arizona, California, Colorado, Hawaii, Maine, Oregon, Washington, and Nevada - have passed voter ballot initiatives or legislation authorizing the medicinal use of marijuana; at least nine states - including California, Colorado, Maine, Minnesota, Mississippi, Nebraska, New York, Ohio, and Oregon - have a maximum penalty of a fine for possession of an ounce or less of marijuana; and twenty-nine states have opted out of limiting federal benefits for drug offenders who have successfully completed their sentences.
Myth: The proposed legislation would legalize drugs.
Fact: None of the proposed legislation would legalize drugs. Rather, the six drug policy reform bills to be presented before the New Mexico state legislature would allow for: 1) treatment instead of incarceration for nonviolent drug possession offenders; 2) medical marijuana for patients suffering from diseases such as cancer and AIDS; 3) protection for innocent property owners through civil asset forfeiture reform; 4) judicial discretion instead of mandatory sentencing; 5) civil penalties instead of criminal penalties for simple marijuana possession; and 6) those who have completed drug sentences to apply for federal benefits to get back on their feet.
Myth: The Supreme Court recently made medical marijuana illegal.
Fact: The recent U.S. Supreme Court case, U.S. v. Oakland Cannabis Buyer's Cooperative, did NOT overturn state medical marijuana laws. U.S. v. OCBC only dealt with federal law - not state law - and only addressed a particular type of distribution system in California, one which is not part of the proposed law in New Mexico. Medical marijuana laws in all nine states that have them continue to function smoothly; in fact, Nevada has implemented their medical marijuana program since the case was decided. While the federal government has a limited ability under federal law to arrest patients and their caregivers, states are free to set their own policies. Since most marijuana arrests are made at the local level, state medical marijuana laws provide patients and their loved ones with enormous legal protection.
Myth: The proposed legislation would undermine drug courts.
Fact: The proposed legislation would work hand-in-hand with drug courts, allowing them to focus their resources and oversight on cases that most need the more comprehensive drug court services. By providing for community-based treatment for first and second time nonviolent drug possession offenders, we can meet the needs of offenders who can succeed in treatment with probation oversight; build up community-based treatment resources; and free up the more comprehensive (and thus more expensive) drug court services for offenders whose real problem is drug abuse, but who do not qualify for community-based treatment either because it has not worked before or because they have committed other nonviolent crimes (such as forged checks or shoplifting).
Myth: One of the proposed bills would make it legal for children to possess marijuana.
Fact: None of the bills propose legalization of marijuana for anyone, especially not children. In particular, the proposed bill providing for civil rather than criminal penalties for simple marijuana possession only applies to persons 18 years or older, specifically amending the Children's Code to ensure that marijuana possession remains a delinquent offense for juveniles. The same bill specifies that in cases involving children under 18, the courts may require counseling services.
Myth: The proposed legislation would repeal all mandatory enhancements for habitual offenders.
Fact: Under current law, enhanced sentences for repeat offenders are already not mandatory - they apply only in cases where the prosecutor chooses to make the enhancement charge. The proposed legislation amending New Mexico's Habitual Offender statute would simply move discretion in sentence enhancements from the hands of prosecutors into the hands of judges. Decisions about enhancements would have to be made in public on the court record, rather than privately before sentencing, thereby increasing accountability and fairness. Repeat offenders who should get enhanced sentences will still get them under the proposed legislation.
Myth: Drug policy reform will make drugs more readily available in New Mexico, and will make New Mexico a "haven" for drug users.
Fact: Right now we spend billions of federal, state and local dollars each year fighting the drug war, and drug are cheaper, purer and more readily available than ever before. The many states that have passed reforms such as those before the New Mexico legislature this year have not experienced a rise in drug availability or drug use as a result, nor have they become "havens" for drug users; instead, they have saved money and law enforcement resources. It's time to stop wasting money on failed policies and start focusing on fiscally responsible, common sense alternatives.
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