Local DAs: Nothing will change until July
Published 12:00 am Saturday, November 15, 2014
- File photo/The BulletinA marijuana plant
Although Oregon’s most populous county will be taking a largely hands-off approach to marijuana prosecution, Central Oregon district attorneys say not much will change now that Oregon voters have approved recreational marijuana.
Measure 91, which voters passed last week, permits possession of recreational marijuana in Oregon starting July 1.
“There won’t be in any difference in my office until then,” Crook County District Attorney Daina Vitolins said Thursday.
On Monday, Multnomah County District Attorney Rod Underhill announced he would dismiss charges related to conduct that will become legal once the measure takes effect next summer. Under the new law, Oregonians 21 and older can possess up to 8 ounces of marijuana and have up to four mature marijuana plants at home.
Vitolins, who serves as second vice president for the Oregon District Attorneys Association, said Underhill’s announcement did not reveal any dissent among the state’s district attorneys, who had presented a united front against legalization throughout the campaign.
“I think we’re just dealing with the reality that Measure 91 passed,” Vitolins said.
Meanwhile, for Jefferson County District Attorney Steve Leriche, dealing with that reality isn’t immediate or pressing. He said he couldn’t think of a case pending in Jefferson County where possession of less than 8 ounces of marijuana was the only charge.
“It’s really such an inconsequential part of our caseload compared to the other things we do,” said Leriche on Thursday.
“We don’t have so many cases (that) a comprehensive policy is needed,” he said.
Current Deschutes County District Attorney Patrick Flaherty did not return multiple calls for comment.
Steve Gunnels, a deputy district attorney for Deschutes County who prosecutes drug cases, says he’ll continue to apply the letter of the law.
“What we enforce will be the new thresholds for marijuana, which will be higher,” said Gunnels. “If somebody is in excess of what is allowed under the new law, I presume they will be prosecuted for it.”
DA-elect John Hummel, who will take office in January, wrote in an email that the district attorney’s response to Measure 91 is “something we have to discuss and decide” before Jan. 1. He plans to address the measure during transition meetings scheduled for next month.
Although prosecution won’t change immediately in Crook County, Vitolins said, she expects to see consequences of marijuana use in court. One of the challenges Vitolins foresees is how to determine whether someone is under the influence of marijuana.
“We’ll just see what happens, I guess,” Vitolins said. “Hopefully (the OLCC will) give us some tools to work with.”
— Reporter: 541-383-0376,
cwithycombe@bendbulletin.com