Small victories

Fighting the good fight

[Reprinted from Issues & Views February 25, 2002]

New Mexico's Governor Gary Johnson has been a persistent force in opposing the abuses that stem from the War on Drugs. For years, he has been at the forefront of attempts to enact a comprehensive drug reform package. Recently, an important bill supported by Governor Johnson was passed by the New Mexico legislature.

The Civil Asset Forfeiture Reform bill will require a defendant to be first convicted of a crime before his assets and properties can be seized. Currently, as in other states, government agencies can seize personal assets when an individual is arrested for a crime, even if he is never convicted for that crime. The new bill also demands that proceeds from assets that are lawfully forfeited will go to a crime victim fund and to drug treatment programs, and can no longer be confiscated, as at present, by local law enforcement agencies. (See "Exposing Search and Seizure Abuse.")

There must also be proof by "clear and convincing evidence" that the property in question is subject to forfeiture.

The new bill also gives some latitude in sentencing to judges, in particular cases, where judges ordinarily would have to apply mandatory minimum sentencing.

Although other bills in the Governor's reform package did not make it out of committee, activists in the state's drug policy reform movement consider these recent victories a good beginning. For more information, visit New Mexico Drug Policy Project and the Drug Reform Coordination Network.

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