Urban Legend: People are in prison for possession of Marijuana

Its not often I agree with Republicans on an issue however, Representative Dennis Kintigh from Roswell wrote a quest column on NMPOLITICS.NET which I whole heartily agree with. I remember reading in the news when a report was issued by a New Mexico Think Tank proclaiming that 853 people were supposedly sitting in prison for only a drug possession conviction.

When I read that I knew it was not true. No one, and let me repeat this NO ONE, goes to prison for merely a drug possession conviction in New Mexico. Now three, four, eight, or ten convictions yes. New Mexico has drug courts through out the state and judges will bend over backwards to get those caught with drugs a chance to turn their lives around.

Most who end up in prison for drugs have committed, assaults, burglaries, robbery's, fraud, forgery, and murder but often it is the drug case that is easiest to prove or one which the defense attorney has them plea bargain to because it actually has the lightest sentance when compared with the offenses they committed because of their drug problem. A drug conviction also allows the inmate an array of services and treatment that a burglary or assault conviction would not provide. Therefor defense attorneys encourage felons to admit to drug problems to lessen their time in prison and afford the inmate services. Interesting contrast here, defense attorneys often want to decriminalize drugs yet they use the drug laws as a benefit to avail their clients to lighter sentences with treatment which would not be available to them under decriminalization.

Getting back to Representative Dennis Kintigh. He looked into the claims by the think tank in his guest column and here are some excerpts:

One of the most recent manifestations of this "urban" myth was in September 2009 when a New Mexico “think tank” published a report damning the state’s drug laws because 853 people were supposedly sitting in prison for only a drug possession conviction. That report motivated me to write a letter to the Corrections Department because the department was the source of that statistic.

The written response I received showed that the 853 number was for inmates who had a drug possession conviction plus other criminal convictions. In fact, the number of people incarcerated for simple drug possession was 92. That is 92 out of almost 6,000 inmates.

However, even the 92 number is misleading.

The Corrections Department sent me the names of the 92 inmates. Through the Internet I was able to review the cases for these individuals. Randomly checking their cases revealed what I already knew. Even though they were listed as convicted of a simple drug possession, they were, in fact, in prison because of probation revocation or for being a habitual offender.

What is a habitual offender, you might ask? Well that is someone who has already been convicted of at least one felony and is now convicted of another felony. The first subsequent conviction requires a mandatory one-year sentence even if the sentence of the subsequent conviction is suspended. The second subsequent conviction results in a mandatory three-year sentence. The third one requires an eight-year mandatory sentence.

All of these habitual offenders who are convicted of drug possession are in fact repeat offenders.

I have always said that the best thing about making drugs illegal is that the arrest by law enforcement is often the only way those addicted to drugs get help. It is often the wake up call that they need help. Most arrests are not for having a joint or a pot pipe, in fact those cases usually amount to nothing more than a citation to go to court and they are sent on their way. Most drug arrests are for selling, having large quantity's, or committing crimes to obtain money to pay for their drug habit. The court ordered treatment is often the first and only treatment an offender gets. I do believe that we need to spend more on treatment. As a law enforcement officer most would not expect to hear this from me but I do advocate spending less on enforcement or having future funding increases not go towards enforcement but rather go to treatment which is sorely lacking in New Mexico and across this country. I am not alone in this call either. A recent meeting of D.A.'s , Cops, Police Chiefs, and Sheriff's said the same thing in a recent summit held in the overdose capital of the U.S. , Espanola New Mexico. So next time someone says our prisons are full of those convicted of drug possession you can look them straight in the eye and say " sure, and big foot was having carnitas on the Santa Fe Plaza yesterday".

He Deserves to Make a Living, or Enough is Enough?

I read with mixed feelings about the return to the ring of boxer/recovering drug addict and five time world champion Johnny Tapia. On March 6, Tapia 56-5-2 is scheduled to make his return to the ring to fight Jorge Alberto Reyes 21-27-3. I know fellow New Mexican and Albuquerque native Johnny Tapia. No I have never met him personally and besides watching him fight Danny Romero on TV in 1997, a fight no one in New Mexico did not watch, I have only seen him in news clips over the years. So why am I so pretentious as to say I know him? Because I grew up with kids just like him as a young child growing up on Hopewell Street In Santa Fe. Hopewell Street was just down the road from 1801 Espinocitas in Santa Fe. 1801 is better known in Santa Fe as Sangre De Christo Apartments. The Projects as we called them growing up.

All us kids in the area went to Salazar Elementary and De Vargas Junior high back then and even though gang life did not proliferate our generation at that time, there was pretty much stoners, smokers, jocks, good kids and then there were always those who just didn't quite fit in. Drugs never did anything for me but they were all around me. The kids I hung out with all at least did pot, all got in trouble, whether it was stealing, ditching school or fighting and most did it all. I grew up the oldest kid in a family of four, and my single mother always worked two or three jobs and I had to stay home, be in charge and be responsible. By the time I was 15, I stopped doing any of that and began running away from home, hanging with the friends and getting into trouble. All those friends I hung out with are in prison or dead now. This brings me to Johnny Tapia.

Like any convicted felon or drug addict, he has a story to tell. At eight years old as he watched from the barrio he lived in, his mother Virginia was kidnapped, raped, hung, stabbed 22 times with scissors and a screwdriver, and left for dead by her assailant. Because no one believed him family members never called police and the body was found a few days later. Like me Johnny grew up around drugs but unlike me he partakes as well. The term "roller coaster ride" describes Johnny's life to a tee. His boxing nickname is also "mi vida loca" which translated means my crazy life. My mother once told me that there are always people whose life is worse than ours so we should be happy for what we have. I guess Johnny is one of those people.

As I read Geoff Grammer's story of Johnny's release from prison and upcoming fight I can't help wonder why the story glossed over his tribulations and went straight to his triumphs and upcoming fight. Maybe Geoff was trying to give Johnny a second chance and focus on the positive. The only problem is this is not Johnny's second chance, it is his fourth or fifth and maybe even more than that. Johnny has taken his family and fans on a wild ride from boxing to jails, to hospitals, to death and back again. The most amazing thing is the fact that his body has not only stayed living but has managed to stay somewhat fit through all it has been through. Boxing is probably one of the last sports you can do drugs time and time again and still go back for another shot in the arena.

I have long been a proponent of keeping drugs, even pot illegal. I was one of the few sheriff's in all of New Mexico to support medical marijuana but you can read about that in one of my past blog posts. And my stance on drug legalization is based on the fact that as I grew up just about everyone I knew who started with pot went on to other drugs and are in prison or dead today. The few who kicked the habit did so because they were arrested and forced into treatment. I have no doubt what so ever that they would not have stopped otherwise. It is my true belief that treatment rather than incarceration is the answer, but without law enforcement making those arrests most would never see any treatment at all. To those who turned their lives around I give kudos and my prayers of continued success. But when is enough, enough? At what point do you say to Johnny that you cannot do the things you do and still be licensed to fight in New Mexico or any other state for that matter? Tapia tested positive for cocaine three times between 1990 and 1991which lead to a three year suspension from boxing. During the three years he served his suspension it was reported he nearly died three times from drug overdoses. Is he really physically fit to fight? And if he were to die in the ring how many lawsuits will incur and how many people or insurance companies will pay because no one had the foresight to say this man should not be fighting?

If he does not fight how does this man who knows no other career make a living? I understand his wife is an saint for putting up with him, sticking with him in good times and bad and trying to save his life and his career as his manager. As a husband and father he needs to provide for his family and if Johnny really is going to turn his life around and make a new start maybe a complete new start away from his "vida loca" life style that got him here is the way to do it. It always seems that every time he gets out of jail he fights again, makes some money and then returns to the drug scene. I hope that is not the case this time, and while the loosely regulated New Mexico Boxing scene has allowed him back, I do think the sport needs to rethink its rules on drug use and boxing both on and off the canvass.

I don't know if Johnny Tapia will ever read this blog but if you do "demuestre que estoy equivocado".

New York Times Chronicles Heroin Problem in Northern New Mexico

The April 2, 2008 New York Times delved into Northern New Mexico's heroin problem, primarily the use of Narcan and distribution of clean needles. New Mexico distributes Clean needles in a needle exchange program and also distributes nasal spray doses of Narcan which is a drug used to recover and prevent death during an overdose.

According to the article Needle exchanges and Narcan distribution are opposed by federal officials, who say they amount to endorsing addiction. Bertha K. Madras, a deputy director at the White House Office of National Drug Control Policy, has said that Narcan, the trade name for naloxone, should be administered only by medical professionals and that it could make addicts feel safer and less likely to seek care.

As I read the New York Times article this morning I couldn't help but think about this article which came out this morning in our local paper. While the contents of the article which chronicles the arrest of a man who traded heroin for the sister of an addicted man would shock many, it does not surprise me. Northern New Mexico which includes portions of Northern Santa Fe County is an entirely different world when it comes to drug addiction and death. I have seen grandparents, parents, children and great grandchildren all addicted to heroin in the same family. The family ties of addiction make arrests and undercover operations in these areas extremely hard. Because everyone is related, outsiders are not accepted and can not break into these family drug cartels. This makes law enforcement operations extremely hard in these areas.
I have often defended the drug war and exposed why I feel that legalizing drugs is a bad idea. However I do feel that we as a state and a nation are not spending enough for treatment centers, in particular long term treatment centers. I also feel Narcan is an effective life saving tool. I still have not made up my mind on needle exchange programs. On the one hand I do not want to do anything that promotes continued use of drugs however, I do realize that clean needles prevent the spread of diseases and save lives also.

This issue is not a quick fix issue. We will have to use many different tools in order to combat this problem. The costs to jail someone is as much if not more than treatment. The waiting lists for treatment is long however the jail always has room for one more. The one point I do often make is the fact that many of those who do receive any treatment at all are as a result of an arrest. You really don't find many people who seek out help on their own. Many may not want to believe it but when we arrest someone for drug crimes we would like nothing better than for that person to get help and become a productive member of society.

For more on drugs and legalization click here.

Sheriff Interviewed on Los Angeles Public Radio Station

The Kid Nation Story continues with interviews on CNN, TV-Guide, and People Magazine. The Latest was an Interview on Southern California Public Radio Station KPCC. You can hear the Interview here. (Real Player required)

Along with many media interviews on Kid Nation the New Mexican had an interesting article on Commissioner Harry Montoya's stance and press conference over the Medical Marijuana issue. The article garnered many comments which were interesting to read, at least when the comments did not go off topic. I received phone calls today from Medical Marijuana groups applauding my comments in the article. I described my stance on this issue in a blog post on July 2, 2007. One thing I was asked to consider by one of the national proponents who called today was a program where rather than the state being the distributor and grower the State would license and strictly regulate private companies to grow and distribute the drug. I asked them to email me more information and they said they would.

Besides the calls from organized proponents I spoke to or received calls from individuals who told me stories about their loved ones who suffered and whose symptoms were relieved by the drug. They told me about the embarrassment and fear of getting arrested as they asked around for someone who might know someone who could sell them the drug. Normally law abiding citizens were forced to choose between comforting a loved one and breaking the law.

Somewhere among all the hype and controversy is an answer that will work for most people. Notice I did not say everyone, one thing I have learned is you can't please everyone. I am still committed to keeping drugs, marijuana and other drugs, illegal for all but the very few ill people who have been certified by a competent physician as in need of the drug. I spoke at length about my view on legalizing drugs in this blog post. Also by clicking here you can see all my blog posts related to drug legalization and medical marijuana.

One final note, Eye on Albuquerque, the anonymous blogger from Albuquerque ponders whether my run for Lieutenant Governor will cause me to cease blogging.

He or she notes: "It will be very interesting to see if Sheriff Solano continues to blog during his campaign for Lt. Governor. Blogs are great for expressing opinions and while opinions can garner support they can also create enemies who will use his posts against him."

Not only will I continue to blog, I have even started a new blog which will detail the run for Lieutenant Governor in a personal and honest way that I believe has never been done in New Mexico politics. One thing I vowed when I first ran for office was that "politics will not change me, I will change politics".

I truly believe this and this is not some made up campaign slogan. I will not formulate an opinion based on what polls say or based on what might be best for the campaign. I had a job before politics and should the voters decide I am not right for the position I am running I will have a job and continue to serve my community in other ways. So come here and read my ramblings and yes I am sure my opponents will try and use these writings against me, the good thing is that "you never have to remember what you said if you always say the truth".

New Mexico becomes a "Grow Your Own" Medical Marijuana State.

There is now a whole new meaning to the phrase "New Mexico the Land of Enchantment". New Mexico in the last legislative session passed a medical marijuana law which legalized the use of marijuana for patients whose doctors certify they are eligible for the program. in the next few weeks, approved patients, or their approved primary caregivers, would receive temporary certificates allowing them to possess up to six ounces of marijuana, four mature plants and three immature seedlings. The law allows the use of marijuana for specified conditions including cancer, glaucoma, multiple sclerosis, epilepsy and HIV-AIDS, as well as by some patients in hospice care.

When this law was going through the legislature about ninety some percent of New Mexico Law Enforcement was adamantly against it. The New Mexico Sheriff's and Police Association of which I am the current president but at the time I was the incoming president, lobbied and testified against the bill. I was called by the Executive Director to join in the lobby efforts and press conferences opposing the bill but I respectfully declined. Much to the amazement of my colleagues I was in support of the bill.

Those of you who have read my blog in the past know I have debated and opposed legalization of drugs as a whole. However, I do support some sort of medical marijuana legislation based on nothing more than compassion. I do not believe that marijuana provides any more medical benefits than other legal prescription drugs could provide. However part of me says, these people are suffering and dying and if smoking a joint makes them feel better so be it. These are individuals whose life span is short and the idea that these individuals will graduate to worse drugs, become criminals to pay for their habit, or become dealers to pay for their habit is probably unlikely for most of them. I also believe that those who are legally certified and go through the process to use the drug legally are probably going to be law abiding citizens as it is.

What I am upset about is the State of New Mexico's recent decision to license and allow patients to "grow their own". I truly do not believe that had this been a component of the original legislation that this would have passed the legislature. I also believe that we are creating a huge problem for law enforcement. When some neighbor or pizza delivery guy calls us and says marijuana is being grown at a certain home we will respond as we usually do. These cases require serious security measures when we approach such a home as we usually do not know if we have a casual user or a dealer. We don't know if we are going to find "Grandpa Joe" with glaucoma or someone with elaborate traps and heavy artillery waiting on the other side of the door.

Who will regulate and inspect these homes licensed to grow marijuana? Who will ensure that "Grandpa Joe's" nieces, nephews, or grandchildren are not picking from the family plants? When criminals learn that "Grandpa Joe" is growing will he be in danger of home invasions and burglary's? The state is making a grave mistake in my opinion. The whole idea of legalizing any one to grow marijuana is crazy as long as it is still an illegal drug for the rest of society. Already a man caught with a number of marijuana plants claimed he had them because "he thought marijuana was legal now in New Mexico". This new law is making news around the country with headlines like "New Mexico in Dope Business", and "Marijuana Law Requires New Mexico to 'Grow Its Own" on Fox news. While I believe Governor Richardson wanted to pass a medical marijuana law to show compassion to the nation I really can't believe he expected to condone people growing their own marijuana.

I know how we got to this place. The federal government does not condone and takes the stand that medical marijuana even when legalized by the states is still illegal. The State of New Mexico is afraid that employees of the state could be charged criminally by the feds for administering the State Medical Marijuana and could be charged for trafficking should we have a state run growing and distributing system. Therefor the State has thrown it upon the patients to grow their own thus the only one who can be charged by the feds is the patient, for growing and using. In other words the state is throwing the patients under the bus should the feds decide to prosecute someone in order to make an example of them.

Once again we are back to my opinion but, isn't this what this blog is all about? Anyway, the state should take the bull by the horns and if they are going to fly in the face of the federal government and approve medical marijuana despite the feds saying they can not, then the state should go all the way and provide a safe and secure means of regulating, growing and distributing the stuff.

Another Issue with Legalizing Drugs.

I have commented often in my blog about legalizing drugs and my opposition to legalization. Whenever we are in the same room with each other an attorney friend of mine and I have spirited discussions about drug legalization and we often send each other news clippings and research to back up our stances. I came across this article this morning in the Santa Fe New Mexican. It discusses the shortage of employees at the Oil Fields in the Lea County Area. I recently met with the Chief of Police in Questa New Mexico at a Region wide Drug Enforcement Meeting. He was looking for help in his area because of the same problem. The Questa Mines which are operated by Molycorp and are used to mine Molybdenum. Molybdenum is used to make alloy metals. The Chief of Questa says the mines are asking for help because of the high rate of employee applicants and current employees who are failing random drug tests.

I have not talked to my attorney friend about this but I suspect even she would be against having users working in mines, oilfields, as bus drivers, train engineers, pilots etc. So what would happen if we legalize even small amounts of marijuana? Alcohol can be out of your system in 8 to 12 hours depending on how small the amounts are. Marijuana on the other hand can remain detectable in your system for up to 45 days. The most common period of time is anywhere from 3-30 days, depending on your metabolism and the amount of marijuana that youÂ’ve smoked. This is unfortunate, since it means that while most drug tests can only turn up evidence of other drugs if youÂ’ve been taking the drug within a few days of the drug test, marijuana could still be detected in a urine test up to a month after the last time it is used. If you smoke it occasionally it will remain in your system for up to 10 days. If you smoke marijuana on a regular basis it will stay in your system for as long as 45 days, and if you smoke marijuana at a constant pace, it can stay in the body for 90 days, Marijuana is fat soluble. It stores in the fat cells of the body, the brain, the liver, the kidneys, in other words the major organs.

So, what do we do with those jobs which we deem unacceptable to have drug use show up in tests? Or do we come up with an acceptable amount that will be allowed in these types of jobs? How do we determine that acceptable amount knowing that different peoplabsorbbe and get rid of amounts at a different pace than others? In Alcohol we have determined as a society at least in New Mexico that .08 blood alcohol level is the most we will allow the average citizen to have in their system and still be able to drive. However, most companies, taxis, police, government workers, etc. still have a .00 requirement for work.

If drugs are legalized even if only small amounts of marijuana are allowed employers will have a whole new predicament to deal with. I know at the jail and in law enforcement roughly half of all prospective applicants fail either the background check or the pre-employment drug test. Drug and alcohol is the predominant factor among all the inmates in jail. Whether the underlying charge is domestic violence or rape and murder the one common thread you will see is substance abuse whether its drugs or alcohol.

I am still adamantly opposed to drug legalization but I have to admit that my attorney friend makes a good argument. I do know people who have used, or not to my personal knowledge but I at least have a feeling that they recreationaly use marijuana and they are functioning members of society. I also know many, many more who used marijuana and now are hopelessly addicted to worse drugs. I also know many who still only use marijuana but are still not functioning members of society, at least not to the level I feel should be considered functional.
My feelings in this situation go back to high school. I had several friends who were considered "pot heads" in high school. My mind goes back to a particular two friends from high school. One started with marijuana went to cocaine, killed a man, raped a woman, and is back in prison for drug dealing after at least two previous stints in prison. The other friend,...... He is dead.

Legalizing Drugs in Mexico and New Mexico

Joe Monahan blogs about legalization of drugs in Mexico and New Mexico.

The Mexican Congress has approved a bill to decriminalize small amounts of marijuana, heroin, cocaine and even Ecstasy. Mexico says it hopes the measure will help police focus on large drug trafficking, rather than minor drug busts. The NM pro-drug message died a quiet death when Johnson & Company exited. No wonder. New Mexico's Rio Arriba County has the highest rate of heroin overdose deaths in America. (17 in 2004) If Mexico is going to concentrate on the big dealers they could start with the gangs that continue to flood Rio Arriba with deadly dope. Our own state and federal governments also need to do more.

Before this vote was taken in Mexico I wrote a college paper on drug legalization and then posted some of the paper on my blog. I still miss the logic that allowing small amounts of drugs would give Law Enforcement more time to concentrate on big dealers. Joe is correct on his mention of the high rate of heroin overdoses in Northern New Mexico. Ever wonder why we don't have a lot of Meth labs in Northern New Mexico? Because the Meth is brought in from Mexico along with the Heroin trucked in to New Mexico from Mexico.

Someone close to me was upset about my stand on immigration because they felt that the building of walls and the increased security would put a dent in the drug trafficking also. I still feel the main problem with legalization of even small amounts of narcotics will not deter crime related to drug addiction and remove a major avenue for those addicted to get treatment. Most people who get some type of treatment do so through the courts after charges are filed by law enforcement.

Joe Monehan and Julia Goldberg each mention how boring the primary elections are so far. I don't know, it is not boring to me. From the signs blowing away in the winds or otherwise coming to their demise,to the nasty comments from opponents. (Are Patricia Madrid and I the only ones getting negative campaigning from our opponents?) The election cycle is in full swing. With five weeks to go the radio ads, newsprint ads, forums, endorsements, and the fight for them are closing in. Oh well, 6-6-06 will come and pass pretty quickly. What a date for an election! You can see why I always throw in the zero.

In some unrelated good news my wife and I became Grandparents this last weekend. My Granddaughter Marilyn Judy was born Saturday. I still don't think of myself as a Grandfather and I don't think I am ready for the "Grandpa" license plate or t-shirt. Nonetheless I am very happy for my son and his fiancé. I am still hopeful that the world will be a better place for her and my Great Grandchildren. Isn't that what we all strive for in our own way? Whether its news reporters performing their service, or most politicians and especially those who believe in them and work for their election, all the way to those who just work hard every day just to pay the bills and give their children the basic necessities. We all hope for a better life for our children and their children. Its the basic premise of life in America.

The "War on Drugs"

I am taking classes at the Santa Fe Community College (mostly on line) in order to finish a degree in Criminal Justice. One of my classes is Composition and Rhetoric. The class was assigned the task of a one page essay on the cause and effects of legalizing drugs. I thought I would take some excerpts from that paper and post it here. The entire essay seemed long to post here so hopefully my butchering it will still leave it readable and on point.

The legalization of narcotic drugs in the United States is a constantly debated topic. When you separate the hype and political rhetoric from the facts you will find that legalized or not drug addiction and the crime associated with it will not go away.

One of the problems with this issue is “what some call the war on drugs”. I believe that the catch phrase is part of the problem. The criminal aspects are no different than other serious crimes law enforcement deals with every day. We try to reduce burglaries, homicides, and auto accidents, yet we don't call those efforts a “war”. The fact is people who are in drug treatment get there by way of the courts and law enforcement. Legalizing drugs will not stop people from being addicted. It will not lower the drug related crimes either. Those addicted will still have to pay for their addiction. Addicted persons tend to be unproductive and will still be unable to hold down a job. They will resort to crime to pay for their addiction.

Movies such as Traffic, made in 2000 highlight the many factors that make the drug problem one that has no easy answers. In the Movie Michael Douglas plays a conservative judge who is appointed by the President to spearhead America's escalating war against drugs, only to discover that his teenage daughter is an addict. He is forced to examine his core beliefs about the drug war and just who the drug addicts are. To many those with drug addictions are the homeless, downtrodden who have “created their own situation”. What this movie forced its main character to come to grips with was the fact that those addicted with drugs are our own brothers and sisters, children and grandchildren, and even our mothers and fathers.

In Santa Fe County I have worked in what some call the war on drugs for about 12 years. I grew up at an early age just across the street from one of Santa Fe’s Community Housing Projects. Most of the kids I grew up with are in prison or dead. The prevailing factor has been drugs. Go to any drug addiction treatment facility and ask people why they are in treatment. The overwhelming majority of patients will tell you they are court ordered. How does one get court ordered to treatment? Through arrest or charges filed by law enforcement. It is primarily through law enforcement efforts that people receive treatment. Society does not look at law enforcement in that manner.

Many say the cost of illegal drugs will drop if legalized. Why would drug companies lower costs on a captive audience? Have alcohol prices dropped since prohibition ended? Politicians would put a high sin tax on drugs just as they do with cigarettes and alcohol. The high cost of legal drugs will allow for a black market and the illegal drug trade to continue. Restrictions on the sale of drugs to felons and to those with addictions will be passed also. This would further the black market and illegal sales.

The majority of inmates in prison are not incarcerated for drug charges; the fact is they are incarcerated for crimes committed in order to pay for their addiction or for violence committed during drug transactions. The average criminal is arrested and convicted three to four times for felony offenses before they are sent to prison. These are individuals who have failed to avail themselves of the opportunities for treatment and the chances to turn their lives around with each arrest. Legalizing drugs will not change any of these factors. Individuals will still become addicted. Once addicted, they will not be productive members of society with the ability to pay for their addiction. They will turn to crime as a means to obtain or pay for the drugs. My opinion is to strengthen an all-inclusive approach to the drug problem. We need a good balance of law enforcement, treatment, prevention and education.