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About Illinois Valley news. (Cave City, Oregon) 1937-current | View Entire Issue (Oct. 8, 2014)
Page A-8 Illinois Valley News, Cave Junction, Ore. Wednesday, October 8, 2014 Saturation ... Continued from A-1 Oregon cities rush to tax pot before it’s legal “When first pulled over, people should only roll their windows down a few inches to prevent officers from sticking their heads in the car and claiming they smelled marijuana or saw contraband,” Loney said. “This can be their probable cause to search your vehicle. But you can and should refuse a search and request they get a search warrant. Then, if officers choose to proceed, they must tell you why they want to search, and it’s better to get that on the record. A good percentage of vehicle searches occur without probable cause. People get tricked or intimidated into consenting to search requests.” Consenting to a warrantless search automatically makes that search legal in the eyes of the law - and officers are not required to inform you of your right to refuse, according to the U.S. Constitution’s Fourth Amendment. Regardless, legal experts say if you’re pulled over, don’t try to figure out whether the officer has sufficient probable cause to search. “Citizens always have the right to refuse search requests by stating: ‘Officer, I do not consent to a search,’” said Loney, who also practices criminal and business law. “But if you’re told to step out of the car, do it, or else you might get arrested.” Edwards explained that OSP’s primary goal is transportation safety, preventing crashes and saving lives. Thus OSP troopers are well-trained in recognizing individuals under the influence of alcohol or other controlled substances. “That’s why we typically make more DUII-related arrests than other agencies,” Edwards said. “It doesn’t matter what the substance involved is. If you’re impaired you shouldn’t be driving. We stop people all the time and if we see or smell marijuana, we’ll ask questions and investigate further as needed. If this occurs people should provide valid medical marijuana cards.” OSP receives federal and state grant money to do “interdiction patrols” and from the police perspective, the entire I-5 corridor is considered part of a “high-intensity drug traffic area,” Loney said. Officers file reports on how many vehicles they’ve pulled over, what substances were found or how many pounds of cannabis were seized. To keep their funding they must show results. “OSP also does ‘saturation patrols,’ where they’ll spend a few days in each community,” Loney said. “They’re basically profiling people, and obviously, they’ll check to see if the vehicle owner is a registered card holder or has a police record. If the police follow anyone for a mile or so, they’ll find a traffic violation. You may have touched the white line, rolled though a stop, didn’t have proper distance between vehicles or didn’t have a turn signal on long enough. If they decide to pull you over, they’ll find cause.” “Times are changing fast and furious,” said Valley resident Betty Randall. “Marijuana will probably be legal all over the country in the next decade and that’s fine. But like with alcohol, there’s a time and a place. Any substance can be abused.” “The marijuana business is helping keep our local economy alive,” Randall said. “But I also think it’s really important that people realize the cops are not the enemy. With the thieving criminal element running amuck around here, we need our police officers now more than ever.” Edwards said OSP’s secondary goal is to “assist our partner agencies, and down in Josephine County, due to the sheriff’s reduced budget, we’re assisting with a lot of calls for service.” “We just ask that people obey the laws,” said Josephine County Sheriff Gil Gilbertson. “What bothers me the most is when people get behind the wheel after using marijuana, that, and how too many kids have easy access. When kids bring pot to school, we end up getting called to sort it out. When these kids get in trouble and lose interest in school, what’s their future going to be then?” People possessing more marijuana than their OMMP card allows can be charged with a felony; and if Measure 91 passes (the proposed marijuana legalization legislation), anyone out of compliance with that law more than four times could also end up with a felony record. “One plant or one ounce too much and you can end up with a record that will follow you all your life,” Loney said. “People need to realize it is still illegal to be out of compliance and it’s unlikely the police are going to give you the benefit of the doubt.” Loney has offices in both Ashland and Portland and can be reached at 541-787-0733 or 503- 234-2694. Loney is delivering a ‘Know Your Rights’ talk at the Williams Grange on October 11 at 6:30 p.m.. By Jeff Barnard Associated Press ASHLAND, Ore. (AP) — At least 20 cities and counties around Oregon are racing to approve local taxes on marijuana in case voters in November decide to legalize recreational pot. Most hope to boost their revenues, but a few want to give pot dealers a reason to stay out of town. The idea came to Ashland city administrator Dave Kanner last February, and it was approved by the City Council in August. Kanner estimates the 10 percent tax on recreational marijuana could raise nearly $1 million a year, much of it from tourists. Medical marijuana would be exempted. Measure 91 would give the state sole authority to tax marijuana, but Kanner and others say taxes on the books before election day could stand, because the measure includes no specific prohibition against them. Measures ... continued from a-1 Measure 91 legalizes use and tightly regulates sale of recreational marijuana for adults 21 and over; thus, freeing law enforcement for other priorities. The measure regulates and taxes the sale through the Oregon Liquor Control Commission. Tax revenues would benefit schools, state and local police and alcohol and drug treatment and prevention programs. Advocates contend Measure 91 is a step toward reducing unjust impacts of the prison system on people of color, who are more likely to be incarcerated longer for marijuana possession than white people. Supporters say African Americans account for 13 percent of marijuana users but make up 80 percent of the prison population incarcerated for marijuana use. Measure 92 gives consumers more information by requiring food manufacturers to label food containing genetically modified ingredients. The measure supports small farmers’ ability to maintain control over their crops and livelihoods. Analysis of the measure’s impact commissioned by Consumers Union found the median cost of requiring labeling of genetically modified (GMO) food is $2.30 per person annually. “Given the minimal cost to consumers, the increased herbicide required to grow GMOs as well as the failure of government to require human safety assessments before these foods reach the marketplace, GMO labeling is well worth it,” said Jean Halloran, Director of Food Policy Initiatives at Consumers Union. “Genetically engineered foods are already required to be labeled in 64 foreign countries, many where U.S.- produced food are sold. Labeling has not increased food prices in those countries.” In addition to the Oregon initiative, a GMO labeling requirement is on the ballot in Colorado. Vermont has already passed legislation requiring GMO labeling and legislatures in dozens of other states are considering similar labeling bills. 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