YAMHILL COUNTY CRIMINALIZES HAVING LESS THAN AN OUNCE OF MARIJUANA SEED

Proponents say they are sending a toughondrugs message by closing the
loophole in the law

McMinnville Yamhill County Commissioners voted Thursday to criminalize
possession of less than 1 ounce of marijuana seeds, saying they wanted to
send an antidrug message while closing a legal loophole.

Commissioner Tom Bunn, who introduced the measure, and Commissioner Ted
Lopuszynski voted to adopt the new county ordinance, which takes effect in
February and carries a fine of up to $500.

Commissioner Robert Johnstone dissented, arguing that the ordinance was
largely symbolic and unnecessary.

Bunn, a former Yamhill County Sheriff's deputy and the commission's
chairman, said the ordinance would close a loophole in state laws that
specifically prohibit possession of the plant's leaves, buds and stems.

District Attorney Brad Berry was the only person to testify during
Thrusday's sparsely attended public hearing. Berry said although he hasn't
seen a marijuana case involving just seeds, "it's incumbent on us to send a
strong message to the youth of our community. We will not tolerate drugs in
our commnity, especially marijuana."

Berry said the crimes committed by users to obtain drugs and their actions
while under the influence are things "we need to be concerned about."

While seeds are "not a huge problem," what is of concern, Berry said, is
the "perception of a loophole" and the message that sends to youth.

Bunn said he had received letters supporting the ordinance from Berry and
John Mercer, the former county district attorney; Yamhill County Sheriff
Norm Hand and former sheriff Lee Vasquez; and the police chiefs of Dundee,
Yamhill, Carlton and Newberg.

He said he'd also received letters of suport from representatives of the
Oregon State Sheriffs Association and the Oregon Association of Chiefs of
Police. Both earlier questioned the need for a county ordinance targeting
marijuana seed possession when state law already makes it illegal to sell,
grow or possess the weed in other forms.

Possession of less than an ounce is treated as a violation, much like a
speeding ticket, and carries a maximum $500 fine.

The 1997 Legislature passed a bill to recriminalize possession of less than
an ounce of marijuana, making it a Class C misdemeanor punishable by a
$1000 fine and a year in jail. However, opponents gathered enough
signatures to refer the measure to voters in the November 1998 general
election.

In his arguments against the ordinance, Johnstone noted that it "would be
political suicide" for a public safety official not to support it. He also
questioned the efficacy of such a law and compared it to a Bunnsponsored,
antidrugparaphernalia ordinance that became law in September 1995.

Bunn said he knows of one paraphernalia citation that had been issued as a
result. But he said those numbers are not tracked, and seed citations
probably won't be either.

Jonstone questioned whether the ban on seeds would diminish drug use or
availability, and described the new ordinananc as "a lot of effort and
attention for virtually nothing."

"It looks like we're getting tough," Johnstone said, "But I don't think it
will b e effective."