Editor,
One of the human rights guaranteed to American citizens under the First Amendment to the United States Constitution is “prohibiting the petitioning for a governmental redress of grievances.” Even though we live in a republic, and we don’t have democracy by ballot, the right to petition the government is fundamental as a means of protecting public participation in government, especially in this age of apathy.
It is not surprising that New Mexico Republicans are in lockstep support for the 30-year failed and racist war on drugs. I thought conservatives opposed big government social experiments.
In July the Albuquerque City Clerk’s Office informed petitioners, who were attempting to reduce the penalties for the possession of one ounce or less of marijuana from a criminal misdemeanor with a fine of up to $500 and 15 days in jail to a civil infraction with a fine of $25 and no jail time, that they would need 11,203 signatures to put the question on the November 2014 election ballot.
After petitioners turned in 16,000 signatures, city attorney David Tourek said he made a mistake and that 14,218 signatures were actually needed. The petition ultimately did not pass the higher threshold, as some of signatures were from unregistered or out-of-county voters.
After City Hall announced they had incompetently miscalculated the number of signatures required, the Albuquerque City Council voted to ask residents if the city should decrease penalties for the possession of marijuana. Republicans Trudy Jones, Brad Winter, Don Harris and Dan Lewis voted against it, while Democrats Ken Sanchez, Klarissa Pena, Diane Gibson, and Rey Garduño voted in favor of reducing the penalties.
The City Council incompetently bundled the proposal with four other issues, including a small tax to fund homeless and mentally ill initiatives and the failure of leadership at the Albuquerque Police Department.
On Aug. 29, Mayor Richard Berry cowardly vetoed City Council Resolution-14-91 by posting a YouTube video so he wouldn’t have to answer questions from reporters. The scornful, mocking comments on Berry’s Facebook, Twitter, and YouTube all speak for themselves.
Berry stated that he would not allow voters to decide if penalties should be reduced, as it would “fly in the face of federal and state law pertaining to the decriminalization of possession of an illegal drug.” We can’t decriminalize marijuana because it’s illegal. The mayor never actually mentioned the word marijuana, as the word polls very highly.
Meanwhile, Gov. Susana Martinez chimed in that she also opposes efforts to reduce marijuana possession penalties, adding “the efforts are political moves to get young voters to the polls.”
Last year the Drug Policy Alliance actually polled New Mexicans asking if marijuana should be legalized, taxed and regulated like alcohol and tobacco. Fifty-two percent of voters of every age strongly supported the idea.
On Sept. 8, the Bernalillo County Commission voted to override Berry’s veto and decided to put two advisory questions on the 2014 fall election ballot about decriminalizing marijuana and a tax increase to support mental and homeless initiatives. Ironically, if marijuana was legalized, regulated and taxed, these revenues could fund these initiatives.
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Republican Commissioners Lonnie Talbert and Wayne Johnson both voted against the proposal. City Councilor Dan Lewis tweeted, “Commission puts a taxpayer funded pot poll & tax hike on election ballot and says screw you to City Council ballot questions. Outrageous.”
Isn’t it ironic that in 2011, Lewis and Berry actually held a special election to put a non-binding advisory question to voters about the future of the controversial red light cameras?
Last Wednesday, Republican Secretary of State Dianna Duran unilaterally struck down the vote by the Bernalillo County Commission because she claimed state law and the state constitution don’t permit putting advisory questions on the ballot. On Monday county attorneys filed a petition with the New Mexico Supreme Court for emergency action to add non-binding advisory questions to the Nov. 4 ballot. County Clerk Maggie Oliver says there is room on the ballot for these questions.
In contrast to all these games and shenanigans being played by New Mexico Republicans, the Santa Fe City Council, in response to a citizen petition, simply voted to reduce penalties for possessing small amounts of marijuana similar to a traffic ticket. Under current law, possessing more than an ounce is punishable by six months in prison.
Prohibition failed. This will too. Look at our overcrowded prisons, our besieged southern border and our militarized police forces. The 30-year war on drugs failed unless you are a gangster, the cartels, corrupt police departments, politicians or war profiteers.
Republican Senate Candidate Allen Weh has profited over $560 million off the big bad Government teat, our failed war on immigrants, drugs, and terrorists.
I suggest reading the New York Times Editorial from July 29, “The Federal Marijuana Ban Is Rooted in Myth and Xenophobia.” Myth and xenophobia is mostly the entire GOP Platform.
I would also suggest watching the Ken Burns documentary ‘Prohibition,’ which is streaming on Netflix and also available at the UNM Fine Arts Library. The series opens with a quote by Mark Twain, “Nothing so needs reforming as other people’s habits. Fanatics will never learn that, though it be written in letters of gold across the sky. It is the prohibition that makes anything precious.”
History seems to repeat itself, doesn’t it?
Brian Fejer
UNM Student
