Legislative Update
27 January 2002
Number 02-02
(As of today: 3,478 subscribers)
Midpoint in the 2002 Session on Wednesday the 30th
· Medical Marijuana
Santa Fe New Mexican: "Senator Rod Adair, R-Roswell, led the
charge against the grow-your-own provision" [in the Medical
Marijuana Bill.]
· Senator Adair Answers "Drug" Questionnaire
Medical Marijuana
Last year I made it clear to my constituents that after much study
and prayerful consideration I had reached a difficult decision to
support a bill which allowed seriously ill patients to have access
to marijuana under very restrictive, state supervised control. That
entire issue has been described as "medical marijuana."
My view has not changed. Last year's bill passed the senate 29-12,
as a number of my colleagues reached the same conclusions I had,
but it died in the house.
This past Tuesday (Jan 22) the Public Affairs Committee met to consider
this year's proposal. It was considerably different. It contained
new provisions allowing patients approved for the program to have
in possession one ounce of marijuana, along with "three mature
plants and four immature plants."
I immediately concluded that this was a problem (I had only learned
of this new version the afternoon before). I asked why these new
provisions were in the bill. In his response to that question and
some follow-up inquiries, the Department of Health attorney admitted
to me that the DOH had just "kind of reconsidered all this
during 2001" and decided they just did not want to have all
the administrative burden and responsibility which would come with
supervising this program. My response was that that was actually
not an acceptable position.
The DOH can't just "opt out" of its role, and encourage
marijuana gardens to spring up all over the state. If we are going
to have this program, and I believe we should, the State of New
Mexico is going to have to supervise it. To make my point, I asked
where the seeds would come from for these plants that the patients
were going to have to plan (under the proposed language in the bill).
The sponsor replied, "That's a good question." There was
no workable answer. They were contemplating a "system"
in which people would have to break the law to get their gardens
started. It did not seem like a good idea.
I immediately hand-wrote an amendment which deleted the provisions
about "growing your own plants," and I added language
deleting the "one ounce in possession" provision as well.
That amendment passed 6-2. That is where the Santa Fe New Mexican's
news coverage came in. The "new" bill was now unworkable
and a version very similar to last year' s would have to be introduced.
We met again on Thursday and a Committee Substitute was offered
by the sponsors. It is very similar to last year's. The substitute
bill passed the Public Affairs Committee 9-0, with all five Democrats
and all four Republicans voting "yes." The bill now moves
to the Senate Judiciary Committee.
Senator Adair Answers "Drug" Questionnaire
A group calling itself "Protect New Mexico" sent me a
questionnaire asking my position on the so-called drug issues. They
prefaced their questions with strong statements about their support
or opposition to each of the policy issues they were asking about.
They said they were asking all candidates for governor and lieutenant
governor to do this. I responded immediately, handwriting the responses
shown below while opening my mail in the Roswell post office on
January 18.
Here are the questions in the survey they mailed me, along with
my responses:
1. What is your position on treatment and prevention programs?
A: I support such programs.
2. What is your position on drug courts?
A: I support drug courts.
3. Would you favor or oppose a state administered (medical marijuana)
program for medical purposes?
A: If a lawful application of marijuana treatment for severe medical
conditions can be designed in statute, I would support such legislation.
I support the efforts of physicians and other health care providers
who have found that certain conditions, for which there was no other
means of alleviating suffering, can have effective treatment with
certain applications of THC. I believe that reasonable efforts to
alleviate pain and needless suffering should be undertaken if they
can be shown to be consistent with other principles of a just and
compassionate society. To do otherwise risks cruelty and the failure
of human kindness---perhaps sacrificed on the altar of rigidity
and absolute conformity to dictated norms not found in American
tradition, philosophy, history nor the Judeo-Christian experience.
4. Do you support [legislation to eliminate jail time for first
and second time offenders caught with hard drugs like heroin and
crack cocaine]?
A: No
5. Do you support or oppose [a bill which will decriminalize certain
amounts of marijuana]?
A: Oppose
6. ...[A] bill is expected to be introduced that will eliminate
added jail time for repeat drug possession offenders. It also effectively
repeals all mandatory enhancements for habitual offenders. Do you
support this legislation?
A: I do not support reduction of sentences for offenders or repeat
offenders.
7. If elected, would you veto any bill that would legalize or decriminalize
drugs, regardless of the floor vote?
A: The Lt. Gov. has no veto power. However, I oppose legalization
and would veto such bills if I were governor.
8. Explain what measures you will take to confront the problems
caused by illegal drugs in our state.
A: I support increased efforts toward interdiction, and certainly
education, treatment and prevention programs which can be proven
to have been effective.