Illinois Valley news., October 18, 2017, Page 10, Image 10

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Illinois Valley News, Cave Junction, Ore. Wednesday, October 18, 2017
HIGH
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Lee noted that Oregon does not
have a per se limit for marijuana, as
some other states do. But in Oregon a
person could still be charged if other
circumstances, such as body size,
whether someone is new to a drug,
the quantity of THC (the psychoactive
compound) in marijuana products, and so
on, result in impaired driving.
Josephine County Sheriff Dave
Daniel explained that his department
does not have its own DRE, but has a
similar protocol.
“If we believe there is impairment
to a perceivable degree we make the
arrest. The arrestee is then taken to an
intoxicant Breathalyzer. If the result is a
zero or below 0.08, then we would ask
for assistance from the city of Grants
Pass or the Oregon State Police for a
DRE to conduct an evaluation.”
What does a DRE look at for signs
of cannabis intoxication?
Lt. Misty English of the Grants Pass
Police Department, who worked as a
DRE for six years before her promotion
to lieutenant, said there is a 12-step
evaluation process to see if there is
impairment in any drug category.
“No one test is specific to
marijuana. But you take all the 12 steps
and then look at the totality.”
The evaluation process repeats the
standard field sobriety tests, including the
Breathalyzer test.
“If they’re over the limit for blood
alcohol, that’s all we need for a case, and
we stop there,” English added.
But a continuation of the evaluation
(Courtesy photo for the Illinois Valley News)
The Illinois Valley is considered
to be one of the best areas in the
world to grow. This brings people
here to work in the industry, with
different driving skills.
process would also look at such items
as elevated heart rate and elevated body
temperature. Bloodshot eyes can be an
indicator of marijuana, and the odor of
marijuana is a good tip off that somebody
in the car has been smoking marijuana
recently.
“There’s a lot of different things
that we take into consideration,
and combine all that with [driving]
performance,” said English.
Once the suspicion of driving
while intoxicated is confirmed, the case
moves to the prosecution stage.
Josephine County District
Attorney Ryan Mulkins explained that,
in Oregon, driving under the influence
of intoxicants (DUII) laws does not
distinguish between alcohol or other
drugs, such as marijuana.
“It’s all covered under the same
set of statutes.”
The relevant statutes provide for
some rather severe penalties, up to a
maximum of one year in jail for the first
or second offense and up to a $6,500
fine. However, said Mulkins, such
penalties are rare. Most common for the
first offense is a 10-day jail sentence or
other custodial program, such as house
arrest or work crew, plus a $1,000 fine.
A second offense typically yields 20
days in jail and a $1,500 fine.
The maximum penalty for a
third offense within 10 years, a Class
C felony, is five years in jail and a
$125,000 fine, although the more likely
penalty is the statutory minimum of 90
days in jail and a $2,000 fine.
“But,” said Mulkins, “it’s based
on the seriousness of the crime and the
criminal history.”
Finally, a fourth offense in 10
years will likely result in a prison
sentence for the driver.
Marijuana is metabolized
differently in the body from alcohol
and other drugs. But the Oregon law
enforcement system is as ready to take
marijuana-impaired drivers off the
road as those affected by any other
intoxicant.
BUCKS
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“We discussed a proposal that the bulk of
the revenue should go to code enforcement and
specifically those cannabis grows that are the focus
of most of our complaints,” Hare said of the recently
proposed pot patrol. After discussing the proposal
again at the Oct. 10 general meeting, Hare said
that they would review it once more Oct. 12 with
the proposal’s fiscal element drafted up in writing.
However, there was an error in the recording process
during the Oct. 12 meeting and, despite being posted
on the county website, nothing can be heard but static.
Commissioner Dan DeYoung agrees with Hare’s
proposal while Commissioner Lily Morgan viewed it
with some skepticism.
“Why are we funding a deputy for marijuana
enforcement when the state police just hired three
detectives for that very function and is assigning seven
OLCC inspectors in Medford?”
Both DeYoung and Hare held that Josephine
County shouldn’t rely completely on the state for
cannabis related enforcement.
Although the additional revenue is good news
for Josephine County, it’s doubtful that it’ll be the
silver bullet in replacing the ever declining timber
dollars once bountifully reaped into the county coffers.
According to the 2017-2018 proposed budget available
on the Josephine County website, only $2 million of
the budget are to be brought in via timber. From 2001
to 2011, the county’s proposed budget said they raked
in an average of $11.01 million from timber annually.
“We are going to continue to craft reasonable
local regulations to help ensure negative elements
associated with the production, processing and
distribution are kept to a minimum,” said Hare, when
asked whether or not this additional source of income
would affect the hotly debated Rural Residential
cannabis growing restrictions in Ordinance No. 2017-
002.