January 2, 2000   NYT
 

        Small but Forceful Coalition
        Works to Counter U.S. War on
        Drugs
 

        By CHRISTOPHER S. WREN

              When voters in Maine went to the polls in
              November and endorsed the use of marijuana as
        a medicine, it was more than a victory for cancer
        patients and others who say marijuana will help relieve
        their pain.

        For a small coalition of libertarians, liberals,
        humanitarians and hedonists, the vote was another step
        forward in a low-profile but sophisticated crusade to
        end the nation's criminal laws against marijuana and
        other psychoactive drugs.

        Using polls, focus groups and advertising, the coalition
        has selected and promoted causes that might arouse
        sympathy among Americans, like giving clean syringes
        to heroin users to prevent the spread of AIDS, or
        softening tough penalties for drug use. The most
        successful has been medicinal marijuana, which has
        been endorsed by the District of Columbia and seven
        states.

        What brought together the disparate elements of the
        coalition, however, is a far broader cause: changing the
        critical way that Americans think about drugs.
        Proponents say they want to end a war on drugs that has
        packed prisons, offered addicts little treatment and
        contributed to the spread of AIDS. Some want to go
        further and drop criminal penalties for personal drug
        use, or even make drugs legal.

        The term they have carefully crafted for their goal is
        "harm reduction": reducing the harm caused by those
        people who cannot or will not stop using drugs.

        "We accept drugs are here to stay," said Ethan A.
        Nadelmann, director of the Lindesmith Center, a drug
        policy center set up in New York with money donated
        by the billionaire George Soros. "There never has been
        a drug-free society," Mr. Nadelmann said. "We must
        learn how to live with drugs so they cause the least
        possible harm and the best possible good."

        Critics say the agenda is more ominous: the legalization
        of marijuana and other drugs. At a Congressional
        hearing in June, the White House director of national
        drug policy, Gen. Barry R. McCaffrey, warned of "a
        carefully camouflaged, well-funded, tightly knit core of
        people whose goal is to legalize drug use in the United
        States."

        Sue Rusche, director of Families in Action, a coalition
        in Atlanta working to help parents prevent children
        from using drugs, accused Mr. Nadelmann and his
        supporters of systematically distorting the picture of
        what drugs do.

        "Yes, we're concerned about children, but we're
        concerned about everybody," said Ms. Rusche, who
        likened Mr. Nadelmann to the tobacco industry. "He
        denies that drugs have the capacity to hurt people, and
        takes no responsibility for the consequences."

        Mr. Nadelmann describes his position differently.
        "Drugs are not bad," he said. "Drugs are good, bad or
        indifferent, depending on how you use them."

        The movement's supporters range beyond the
        Lindesmith Center and other efforts financed by Mr.
        Soros. Supporters include marijuana-smokers
        represented by the National Organization for the
        Reform of Marijuana Laws, or Norml, libertarians who
        argue that personal drug use is nobody else's business,
        and old-fashioned liberals who castigate the
        government's campaign against drugs as worse than the
        problem.

        "The core is the people who to my mind get it, the
        people who connect the dots," Mr. Nadelmann said.
        "We believe that the war on drugs is a fundamental evil
        in our society."

        The crusade to make drugs socially respectable has no
        precedent in the United States, said Dr. David F.
        Musto, a medical historian at the Yale School of
        Medicine and the author of "The American Disease:
        Origins of Narcotics Control" (Oxford University
        Press).

        "You have these groups funded by wealthy individuals
        that are a constant critic of drug policy, and these
        groups use very sophisticated marketing techniques," he
        said.

        Surveys show that most Americans still oppose making
        illicit drugs legal. While voters have been tolerant of
        letting ill people smoke marijuana, a Gallup poll this
        year reported that 69 percent of respondents opposed
        making marijuana legal for everyone.

        Mark A. R. Kleiman, a professor of public policy at the
        University of California at Los Angeles, said, "When
        you look at all these medical marijuana initiatives, they
        pass by big margins, but the governors and legislators
        go the other way."

        Because constituents expect their politicians to be
        hard-nosed, Professor Kleiman said, "a legislator who
        votes for medical marijuana could lose votes from
        people who voted for medical marijuana."

        Mr. Nadelmann said he commissioned a poll to learn
        whether voters would support personal cultivation of
        marijuana; 65 percent of those sampled thought that
        growing marijuana should remain a crime.

        The result of this research into public attitudes has been
        the deliberately vague idea of harm reduction. By
        casting the issue in friendlier terms that resonate across
        the political spectrum, crusaders like Mr. Nadelmann
        say, they hope to induce Americans to tolerate, if not
        embrace, the elimination of criminal penalties against
        marijuana -- and as a few see it, the eventual
        legalization of all psychoactive drugs.

        Critics call the medicinal marijuana issue a
        stalking-horse for drug legalization. "My guess is the
        real agenda is to promulgate marijuana as a benign
        substance outside the boundaries of conventional
        medicine," General McCaffrey said.

        Mr. Nadelmann did not contradict him. "Will it help
        lead toward marijuana legalization?" he said. "I hope
        so." But he said that reports of his support for harder
        drugs have quoted him out of context.

        Mr. Nadelmann has advised the campaign putting
        medicinal marijuana on state ballots, which is
        spearheaded by a group calling itself Americans for
        Medical Rights, with no mention of marijuana. The
        campaign's director, Bill Zimmerman, explained, "You
        pick the name with a view toward winning support for
        the organization." Not all critics of government drug
        policy want to make illicit drugs legal.

        Some assert that prohibition has not stopped drug use.
        Others say that money would be better spent treating
        addicts who commit crimes rather than locking them up.

        Mr. Nadelmann wants to enlist such people in his cause
        of repealing all penalties for drug use. "What we
        reformers do is to use these coalitions on one issue to
        educate our allies about the broader implications of the
        drug war," he said.

        Rob Stewart, a senior policy analyst for the Drug
        Policy Foundation, another group in Washington
        supported by Mr. Soros, said that lifting criminal
        penalties for marijuana use would be sufficient. Writing
        in the group's newsletter, he explained,
        "decriminalization makes the point that adults should
        not be arrested for using marijuana as they would use a
        martini."

        Mr. Stewart described the Drug Policy Foundation as
        "agnostic" about other illicit drugs. But its founder,
        Arnold S. Trebach, told journalists in 1997 that
        everything from cocaine and heroin to steroids should
        be freely available.

        Mr. Nadelmann objects to stigmatizing recreational
        drug use. "People shall not be discriminated against
        based on the substances they consume," he said. "The
        extension of the notion of equality is going to have to
        include drug users."

        The American Civil Liberties Union also endorses the
        right to consume drugs. Ira Glasser, its director, said
        this year, "The A.C.L.U.'s position is basically that
        criminal prohibition is inappropriate in matters that
        involve a person's own behavior."

        Mr. Glasser is also chairman of the Drug Policy
        Foundation. Holding both posts, he said, poses no
        conflict of interest.

        Mr. Nadelmann said that a fresh initiative on medicinal
        marijuana would be voted on next year in Colorado,
        where an earlier referendum was declared illegal, and
        in Nevada, where the proposal must be approved
        twice. Other states that have passed such initiatives, he
        said, would be encouraged to get involved in producing
        and distributing marijuana for medicinal purposes.

----------------------------------------------------------------------------------

NYT August 22, 1999
 

        A Governor Who Once Dabbled in
        Drugs Says War on Them Is
        Misguided
 
 

        By MICHAEL JANOFSKY

            ALBUQUERQUE, N.M. -- Long before he became
            Governor of New Mexico, Gary E. Johnson was
        an athlete. Almost every morning at 5, he takes off on a
        long run, a swim or a bicycle ride, training for a
        marathon or a triathlon. As Governor, he has ridden his
        bike five times across the state, run 25 miles in Army
        gear and jumped off a 10,000-foot-high mountain on a
        hang-glider.

        Those activities alone make him a rarity among the 50
        governors.

        But Johnson, 46, a second-term Republican, is also
        unusual in another respect.

        He unflinchingly admits he used marijuana and cocaine
        in college and now wants the nation to consider
        alternatives to the so-called war on drugs, which he
        contends is failing through an overemphasis on
        prosecution and incarceration. He goes so far as to
        suggest that the Federal Government should consider
        the decriminalization of drugs, or perhaps even
        legalization, which would mean they could be sold for
        profit.

        And he contends that the costly campaign against drugs
        has left courts and prisons overwhelmed with people
        arrested for possessing only small amounts of drugs.
        Drugs, he says, could be regulated like alcohol and
        people could be held accountable for what they did
        under their influence.

        These ideas make him the highest ranking elected
        official in the United States to offer what are
        considered wildly unpopular alternatives to current
        drug policies. But they come at a time when questions
        of past drug use have become commonplace for
        aspiring and sitting Presidents. Just this week, Gov.

        George W. Bush of Texas, the Republican front-runner
        in the 2000 Presidential race, reluctantly answered
        questions about drug use in his past, saying he could
        have passed the challenge of a Federal Bureau of
        Investigation background check in his father's
        Presidency. And while President Clinton has admitted
        he once tried marijuana, he said he did not inhale.

        Governor Johnson, a former businessman who
        considers himself as much a libertarian as a
        Republican, said he regarded politicians as
        "disingenuous" if they tried to hide what the public had
        a right to know.

        "I smoked marijuana in college; that was something I
        did," he said this week in an interview at the Capitol in
        Santa Fe. "I used cocaine on a couple of occasions. It
        was not something that anybody would have ever
        known. But I knew if I was going to run for office, I
        should 'fess up. And if I didn't win, so be it."

        Residents of New Mexico have long accepted their
        Governor's past, which he revealed in his first
        campaign. He won re-election in 1998 with 55 percent
        of the vote, compared with 50 percent four years
        before, when a candidate from the Green Party
        siphoned votes from Gov. Bruce King, a Democrat. In
        winning last year, Johnson became the first Governor of
        New Mexico to win a second consecutive four-year
        term.

        But his crusade for alternatives to drug prohibition,
        which he began several weeks ago, has drawn wide
        criticism, even from leading state Republicans, like
        Senator Pete V. Domenici and Representative Heather
        A. Wilson.

        They generally disagree with Johnson's contention that
        the drug war has failed and cost the nation hundreds of
        billions of dollars annually that could otherwise be
        spent on education and other necessities.

        It is an argument Johnson makes often, traveling in New
        Mexico and beyond, emboldened by his promise to
        seek no other political office once his term ends in
        2002.

        "We are spending incredible amounts of our resources
        on incarceration, law enforcement and courts," he said.
        "As an extension of everything I've done in office, I
        made a cost-benefit analysis, and this one really
        stinks."

        Just how the country might bring drug sales under
        Federal control or what penalties should apply to drug
        charges are things Johnson has not sorted out, he said.
        Nor would he want anyone to assume he is advocating
        drug use. His own use ended after college, at the
        University of New Mexico, he said.

        "I would like to see a discussion on this, A to Z," he
        said. "The reality of what might evolve is that we get
        our feet wet, so that we could learn how to legalize or
        decriminalize. Politically, I can't ascertain if there has
        been a positive or negative reaction. But publicly, I've
        found that people overwhelmingly want to talk about
        it."

        Around New Mexico, Johnson has his allies. The
        Albuquerque chapter of the League of Women Voters
        has expressed interest in sponsoring a forum on the
        issue. Jacqueline Cooper, a lawyer who represents
        defendants in drug cases through the state public
        defender's office, has begun speaking to groups around
        the state, promoting lighter prison terms for drug
        offenders and treatment as part of their sentences.

        The Governor has also been invited by the Cato
        Institute, a libertarian research organization in
        Washington, to speak at a conference in October on
        alternative drug policies.

        But the forces aligned against him are formidable. They
        include the White House's Office of National Drug
        Control Policy, led by Gen. Barry R. McCaffrey, who
        recently testified before Congress that the advocates of
        drug legalization are promoting drug use through
        "deceptive claims, half-truths and flawed logic to hawk
        ill-conceived beliefs."

        Citing statistics that show declines in drug use,
        drug-related murders and spending on illegal drugs,
        General McCaffrey insisted that the drug war was
        working. He also told Congress that legalization would
        cost society even more in medical and prison costs and
        increase drug sales rather than slowly decrease them
        through treatment to end addiction, as Johnson
        suggested.

        Bob Weiner, a spokesman for General McCaffrey, said
        that General McCaffrey would not comment on
        Johnson's position. Weiner dismissed the Governor as
        a political oddity, saying he "is not well advised" on
        drug issues.

        In New Mexico, where drug problems are fueled by
        transit routes from California, Texas and Mexico, the
        opposition is fierce. Ms. Wilson, a freshman
        Representative from Albuquerque who once served in
        Johnson's Cabinet as Health Secretary, said firmly in an
        interview, "This is a subject we disagree on."

        "Even a national forum on decriminalization sends the
        wrong message," Ms. Wilson added.

        A spokesman for Domenici, Chris Gallegos, said the
        Senator agreed with Ms. Wilson. "Proceeding with this
        sends the wrong message, especially in a state like
        New Mexico, which has a very severe drug problem,"
        he said.

        Cecil Sena, a police officer in Santa Fe, said alcohol
        caused enough problems without adding legalized drugs
        to the mix.

        "We already have one killer on the streets," he said.
        "Why put another out there?"

        Johnson said he did not expect much support from the
        law-enforcement community. Responding to critics like
        John J. Kelly, the United States Attorney for New
        Mexico, Johnson said they were "only looking at the
        crime side of the issue, a knee-jerk response."

        In large measure, Johnson's tenacity evolves from his
        lame-duck status, his lack of interest in seeking another
        office and, critics and Republican colleagues agree, a
        governing style that reflects less reliance on outside
        counsel than his own.

        "I have no desire to be a United States senator," he
        said, alluding to an obvious next step, a challenge to
        Senator Jeff Bingaman, a Democrat whose third term
        ends next year.

        "I've got the job I've always wanted," he added. "It's a
        great opportunity, and I don't want to squander it. My
        greatest fear would be to leave office, thinking, 'coulda,
        shoulda, woulda.' I just don't want to do that."