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<br />e <br /> III. WORK SESSION: PROPOSED REPEAL OF CITY REGULATIONS CONCERNING SALE OF <br /> DRUG PARAPHERNALIA <br /> Ms. Utecht gave the staff report on the proposed repeal of city regulations <br /> concerning the sale of drug paraphernalia. The City Council in May 1988 <br /> adopted a local ordinance regulating the sale of drug paraphernalia in the <br /> city of Eugene because it has been superseded by the State's more <br /> comprehensive Drug Paraphernalia Law, which went into effect October 1, 1989. <br /> If the council wishes to proceed with the draft ordinance, a public hearing <br /> has been scheduled for Monday, November 20. <br /> Mr. Holmer noted that he is regretful that this issue is being brought before <br /> the council at this time, in light of the current "war on drugs." He noted <br /> that although he would support this repeal, he has concerns for the repeal of <br /> any law which offers prohibition to drug activity. Ms. Schue noted that the <br /> ultimate result of this repeal is a strengthening of legislation on drug <br /> paraphernalia. Mr. Gleason said that the initial decision to establish such <br /> an ordinance was made because such legislation did not exist at the State <br /> level. He added that this decision was made with the awareness that once <br /> State regulation was put in place, City regulation would no longer be <br /> effective. <br /> Mr. Boles noted that this drug legislation was ineffective in the first place <br /> and expressed concern that such ineffective policy has simply been pushed to <br />e the state level. He felt that the only way to win such a "war on drugs" is <br /> to legalize drugs and control their use. <br /> Responding to a question from Mr. Bennett, Mr. Sercombe, City Attorney, said <br /> that the State law prohibiting the manufacture and sale of drug paraphernalia <br /> has not yet been challenged. He noted, however, that the City law was <br /> challenged, and the City ordinance was upheld over the Constitution. <br /> Mr. Bennett asked whether the City is taking a risk in repealing this <br /> ordinance that the State law will be challenged successfully, leaving the <br /> City without drug legislation. Mr. Sercombe said that if such a challenge <br /> were successful, the City would be given fair warning and could easily <br /> reestablish drug policy. <br /> Rick Siel, Eugene Police Department, offered input about the effect that <br /> repealing this ordinance will have on the City. Mr. Siel said that no <br /> attempt was made to enforce the old ordinance because of certain <br /> uncertainties inherent in the policy. The new ordinance has some <br /> requirements that will require long-range investigations before any <br /> convictions can be made. Responding to a question from Mr. Bennett, Mr. Siel <br /> said that the penalties imposed by this new ordinance will potentially be the <br /> same as those imposed by the old ordinance. <br />e MINUTES--Eugene City Council November 15, 1989 Page 3 <br /> . ---~ <br />