05/09/1988 Meeting (2) - Laserfiche WebLink

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e e e Obie, Mr. Taylor said he had staffed the house judiciary committee and was responsible for monitoring HB2386. Dr. Richard Sharvy, 2447 Kincaid Street, said it would not matter if the council passed the measure under consideration because it was so "ineptly drafted. II Dr. Sharvy said this measure had absolutely nothing whatsoever to do with preventing drug abuse and nothing to do with preventing the use of toxicants by minors. He said selling drug paraphernalia to minors is already prohibited by State law. There have been no prosecutions under that State law. Dr. Sharvy said headshops sell lots of items besides so-called drug paraphernalia, such as t-shirts, books, posters, and incense. He said this measure harasses certain minorities for their preference in intoxicants. A substantial minority, 35 percent of the people in Lane County, voted two years previous to legalize unlimited cultivation and possession of marijuana. Dr. Sharvy pointed out if Payless sold cigarette papers, mirrors, and razor blades, the police are not going to harass them under this measure; however, a record store selling cigarette papers, mirrors, and razor blades will be harassed by the police. Dr. Sharvy said he found fourteen outright mistakes in the ordinance draft. He pointed out that every drug store must be li- censed as a paraphernalia shop, as hypodermic needles are defined as drug paraphernalia. The ordinance appears to exempt pharmacies that sell drug paraphernalia upon the written prescription of a doctor; hypodermic needles can be sold legally in Oregon without such prescriptions. The definition of controlled substance in the third paragraph is wrong; Oregon Chapter 457 does not make unlawful the use or possession of anything. Dr. Sharvy said he had three different controlled substances in his pocket; the use of these sub- stances is not prohibited under any State or Federal law. Cultivation, sale, and possession of marijuana is prohibited; smoking marijuana is legal. Dr. Sharvy reiterated that the ordinance was designed to harass certain adults for their personal, private choices. Dr. Sharvy said he was ashamed to live in a city so intolerant of minorities. Tom Alexander, 215 SW 2nd Avenue, Corvallis, said he publishes a contro- versial trade journal for the marijuana industry entitled "Sensimilla Tips." Mr. Alexander said the researchers looked into the Roseburg ordinance, simi- lar to that proposed for adoption tonight. In 1984, Diane Wicker was arrest- ed in Roseburg for offering for sale and possessing "Sensimilla Tips" under that ordinance. The arrest was harassment by Roseburg police due to the woman's work as a political activist for the Oregon Marijuana Initiative, and was staffing a booth offering the magazine for sale. The police officer interpreted the law to include the magazine. Subsequently, Ms. Wicker filed suit against the Roseburg Police Department; the suit was settled out of court for $5,000. Mr. Alexander expressed the hope that the council consid- ers, in the current drug hysteria, the fact that certain police officers could interpret the law to include printed matter. He said that hysteria about drugs has been going on for 70 years and has only recently reached fever-pitch. The war on drugs first declared by Richard Nixon is clearly not working. Mr. Alexander asked the council to consider other methods to solve the drug problem. MINUTES--Eugene City Council May 9, 1988 Page 6