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SANTA FE – After three hours of debate, the House narrowly passed an effort to decrease penalties for possession of small amounts of marijuana on Monday and moved it on to the Senate.
House Bill 465 would eliminate the possibility of jail time for possession of less than 1 ounce of marijuana intended for personal use. First-time adult offenders would be charged a $50 civil fine rather than face a misdemeanor charge and repeat offenders would be charged with a petty misdemeanor.
However, even if the Senate were to approve, Gov. Susana Martinez, a former criminal prosecutor, has voiced opposition to reduced penalties.
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The House bill’s sponsor, Rep. Emily Kane, D-Albuquerque, said it is intended to help state law enforcement agencies focus on more serious crimes.
Kane said New Mexico law enforcement agencies collectively spend about $5 million annually on arrests for personal marijuana possession. Another $20 million in taxpayer dollars are used each year to fund detention center costs and court expenses related to minor marijuana possession charges, she said.
“For the millions of dollars spent arresting these adults possessing small amounts of marijuana, we do not obtain the reduction in crime that the people of our communities expect,” said Kane, an Albuquerque firefighter.
The bill headed to the Senate after passing the House 37-33. Most of the yes votes came from Democrats, and most of the no votes came from Republicans.
The proposal comes after the states of Colorado and Washington in November voted to legalize recreational use of marijuana.
Kane said her bill would not legalize the drug. But the reduced penalties would spare marijuana users from the consequences of establishing a criminal record over a first possession offense, she said. Individuals with a criminal record often face restrictions against getting certain jobs, student loans or housing rentals.
“The crux of this is that an administrative penalty, a civil penalty and a fine is going to work better for these possession amounts than incarceration, than arrests,” the sponsor said.
The bill also would change the penalties for possession of 1 to 4 ounces of marihuana, which could result in a $100 fine. Possession of 4 to 8 ounces would be a misdemeanor punishable by up to a year in jail.
And possession of more than 8 ounces would continue to be a fourth-degree felony with a possible jail sentence of 18 months.
Kane said the bill would not change penalties juveniles face for marijuana possessions.
Governor’s spokesman Enrique Knell repeated past remarks that Martinez opposes the decreased penalties because the majority of first-time offenders already are avoiding jail time by participating in treatment programs. Individuals who end up in jail typically face other more serious charges such as assault or burglary, Knell said.
“As a prosecutor and district attorney, the governor has seen firsthand how illegal drug use destroys lives, especially among our youth, and she opposes drug legalization or decriminalization efforts,” Knell said.
Rep. Bill Rehm, R-Albuquerque, a former police officer, expressed concern that the reduced penalties may send the wrong message about the state’s attitude toward drug use, particularly for teens.
“We now imply that it is a safe drug and (to) increase its use is not going to be detrimental,” Rehm said. “I have a problem with that.” legislature 2013
— This article appeared on page A1 of the Albuquerque Journal
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