Thursday, April 05, 2007

Bill Richardson does right

Too early to endorse any of the Democrats in the field, and he's certainly the longest of long shots, but Bill Richardson seems unafraid to do the right, smart thing, even if it means questioning the unquestionable "War on Drugs."

Struggling with an epidemic of drug fatalities, New Mexico has enacted a groundbreaking law providing immunity from prosecution for people who come forward to help drug users suffering overdoses.

The act, signed into law Tuesday by Gov. Bill Richardson, prevents the authorities from prosecuting on the basis of evidence “gained as a result of the seeking of medical assistance.”

It also protects drug users themselves from prosecution if the process of seeking help for an overdose provides the only evidence against them.

The legislation, which was popularly known as the 911 Good Samaritan bill, is the first of its kind in the nation, according to the National Conference of State Legislatures.

In a statement yesterday, Mr. Richardson, who is running for the Democratic presidential nomination in 2008, said: “I have always been committed to prevention and rehabilitation of drug users. If we can encourage people to save themselves or others from a drug-related death or trauma, then we should do that. This bill will encourage families and friends of addicts to seek medical care and prevent their loved one from dying.”

The action was praised by the Drug Policy Alliance, which works to ease drug penalties. The group said New Mexico had the worst overdose problem in the country, with about one death a day.

“Whatever it takes to get people to call 911 to save lives,” said Tommy McDonald, a spokesman for the group in Washington.

It was the second drug measure signed in two days by Mr. Richardson. On Monday, he signed a medical marijuana bill that allows patients who are H.I.V. positive or who have diseases including AIDS, cancer, glaucoma or multiple sclerosis to relieve pain with marijuana, under a doctor’s supervision.

The governor lobbied strongly for the medical marijuana bill, which he said could hurt his presidential prospects but was “the right thing to do.”

The Samaritan bill, introduced by State Senator Richard C. Martinez, a Democrat and a retired magistrate judge from Espanola, also provides that in the event of a drug prosecution based on outside evidence, the act of seeking aid for someone suffering an overdose “may be used as a mitigating factor” in a defense.


In taking stands like this, Richardson brings to the fore a topic the leading candidates would like to avoid, but shouldn't, particularly in view of the spotlight now on the Dept. of Justice: what would their prosecutorial priorities be? Just as Edwards is doing with health care, the trailing candidates can take chances and we could actually have some meaningful policy debates as to just how all of the candidates would govern if elected.

And I think what that does is it adds juice to the primaries. In a year from now, we'll be so tired of Obama's calls for "unity" and exhausted from "talking" to a "listening" Clinton that seemingly wonkish policy debates may actually be welcomed. It forces all of the candidates to be bold -- something we've sorely missed in recent presidential elections -- and delineates clearly the differences not only among the democratic candidates, but between the two parties as well. Such debates force the Republican candidates to talk about specifics, something they'd really like to avoid as not one of them seems to have a meaningful idea in their respective heads on any of the real issues we face in this country.

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