GREENEUGENE.COM
FEBRUARY 2022
PROSECUTING
PEA C E
THE INCARCERATION EDITION KNOW YOUR RIGHTS
CULTIVATING PROGRESS CULTIVA LAW greeneugene.com
Understanding Oregon’s Cannabis Arrest and Incarceration Data Green Eugene | Februrary 2022 1
Letter from the Editor
When we first started creating the vision that would become Green Eugene, it went without saying that at some point, we were going to have to tackle the conversation of incarceration in order to accurately cover the full scope of the industry and do it justice.
It’s so easy to become engulfed in the progressive bubble that is Oregon cannabis culture that consumers can forget the harsh realities of an industry borne from the war on drugs. In order to continue to make positive progress, it’s a conversation we have to have, both as individuals and as a larger community.
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We cannot move forward as an industry, as a society, without addressing the deeply ingrained systematic issues and institutions that actively cause harm to minority populations and people of color in Oregon, and across the states. As we thought about how to tackle such a wide reaching and complex topic, we found the best way to begin to address those issues with our platform at Green Eugene was through conversation and education.
Editor In Chief
Photographers
President And Publisher
Skyla Patton
Alice Yeager
Bill Kunerth
Megan McEntee
VP of Operations
Skyla Patton
Kathy Carbone
Gino Savaria
Designers
Writers Lily Brennan Kaylynn Wohl Mackenzie Larsen Annie McVay Gino Savaria Alice Yeager Megan McEntee
Gustavo Del Real Figueroa Kaylynn Wohl
Cover photo taken by Gustavo Del Real Figueroa
Staffers have worked around the clock on these stories for nearly four months, dedicating huge amounts of time and energy to ensure that each piece was thorough, accurate and properly representative to the best extent possible. As editor, it was nothing short of incredible to watch them work and see firsthand how much resolve and passion they poured into their reporting; and that work became evident in the smallest of details as the magazine came together piece by piece. Now, four years after Green Eugene’s inception, we finally had the team, the time and the resources to do this issue proper justice—so we went for it. And I’m so glad we did. Enter: The Incarceration Edition. Let’s get into it.
Emily Fox Zoe Hardister Ben Jensen Maegan McCoy Layna Beale Giullian Galindo Maya Merrill Makenna Lloyd
published by Emerald Media Group | 1395 University St. Suite 302 | Eugene, OR 97403
Director of Sales & Digital Marketing Shelly Rondestvedt
Creative Director Sam Rudkin
Student Sales Manager Patrick McCumber
Account Executives Riley Valle Amy Menendez Keaton Roberts Kevin Sullivan Jen Caplan Melanie Lopez
Thank you for reading Green Eugene. Please note that our publication and site spotlights content about substances that are illegal under federal law and under state law as well in certain places. We do not promote, advocate or condone illicit drug use. All content produced by Green Eugene is for educational and entertainment purposes only. 2 Green Eugene | Februrary 2022
STRAIN OF THE MONTH
KENTUCKY BLUEGRASS WRITTEN BY LILY BRENNAN
It’s the middle of winter. The sky is gray and the roads are mucked with mud and trash. An unknown residue is lining the sides of your favorite pair of rain boots and it almost seems like a sign to stay in, snuggle up, and share a bowl and some stories with friends. Well let me give you a tale that you can add to your roster... Ever heard of the legendary “Godfather of Grass” and his classic hybrid strain Kentucky Bluegrass? Johnny Boone, otherwise known as the Godfather of Grass, is a legendary figure in the weed smuggling world. As a oncebeen leader of the “Cornbread Mafia,” a rural Kentucky-based drug organization that grew 29 large illicit cannabis farms in 10 states, Boone obtained an intense following and was looked up to by many. After a mass arrest of the mafia in June of 1989 with over 70 arrests and 47 tons of confiscated cannabis from the site, the U.S. attorney in Louisville coined the Cornbread Mafia as the “largest domestic marijuana syndicate in American history.” After the arrests of the Cornbread Mafia, Boone included, law enforcements believed this to have a positive impact on the community. However, after Boone was released and then arrested once more in 2017, the Godfather of Grass began to publicly defend the Cornbread Mafia and his crewmates. “We’re from a poor place... I don’t think anybody here is into any kind of thievery. I can only say that ... in our area, marijuana is one of the things that greeneugene.com
helps put bread on the table for people,” he told the judge, according to the Washington Post. “We’re not criminals, we’re not. We’re not the kind of people who go out and harm people.” The truth was that the local communities thrived off of the Cornbread Mafia’s business. Stationed in rural, small towns, there weren’t many job opportunities. The cannabis industry became a livelihood for many locals. After the organization’s bust in 1989, neighboring towns became impoverished. Local enforcement didn’t know what to make of this endeavor. This has left Johnny Boone to be seen through two different perspectives: an infamous kingpin who ran the largest cannabis drug-ring in American history, or an individual whose cannabis business created commercial growth in local communities. Boone’s story and the strain within it became so popular High Times magazine dubbed it as “Kentucky Bluegrass.” It is an evenly-balanced hybrid strain crossed between Blueberry and Huckleberry Kush. With this cross, notes of sweet berries can be found while smoking it, all to be rounded out by a soft lemongrass aftertaste. Although a hybrid, it is an excellent strain to use to relax and is even made popular by medical users to relieve pain and physical stress. You can nearly feel yourself transporting to a rural Kentucky farmland, surrounded by warm sun and nature’s silence.
AUTHOR, CANNABIS PICTURES, HTTPS://CREATIVECOMMONS.ORG/LICENS-
ES/BY/2.0/DEED.EN
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BUDTENDER SPOTLIGHT
ANTHONY SORRELL How long have you been in the cannabis industry? What interested you about Hashstoria? I’ve been in the industry for three years, and I’ve been budtending all three. One year I was supervising a dispensary. I’ve been working at Hashstoria for a few months, and I chose this location because of the people who work here. They seemed like a very nice bunch of people, and it was just a good fit. I could be myself and do things how I want to. It gave me an opportunity to grow. It’s definitely a cherry on top being Black owned. Hashstoria is owned by Raekwon, the Chef of Wu-tang Clan, which I didn’t know until the interview process.
How has working in the industry changed your relationship with cannabis? The way I use cannabis has changed. Before working in cannabis, I knew a lot but I didn’t know enough to help myself. I knew cannabis was helping me, like anxiety wise, but I didn’t know what specifically was helping me. Lo and behold, it’s heavy, heavy indicas that are perfect for me.
What would you change about the cannabis industry if you could? The biggest thing is the standard of knowledge and training when it comes to budtenders; our community trusts us to give them what they need efficiently and effectively. I also feel like there should be a lot more engagement with the community. I would also like to see more testing done, especially on flower. THC and CBD are great, but there’s a lot more going on that isn’t talked about that attributes to how we feel, like with cannabinoids and terpenes.
Are there any conversations that aren’t being had in the cannabis industry? I haven’t heard anyone talking about a union. Not one person has brought up the fact that we as budtenders and people in this industry should unionize and demand a specific rate of pay and benefits. We’re all out here working trying to provide for ourselves. We need to be taken care of as well, just like we take care of the companies who are making millions of dollars a day. Unions protect you, and it’s beneficial to the company whether they see it or not. It creates happiness.
What’s your favorite strain? Purple Hindu Kush is my all time favorite. It’s just so hard to find now, it’s so mixed down with everything being hybrid. In this day and age, I would say Wedding Cake. It’s also really heavy, but not as sweet.
What product would you recommend to readers? Our hash rosin. We have probably the biggest collection that I’ve seen in a dispensary. Otherwise, our exclusive Raekwon’s Ice Cream Dream. I think we’re one of two dispensaries that has it in the state.
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If you could meet the other owner, Raekwon the Chef of Wu-tang Clan, what would you say? I always wonder what famous people want to be called. Just as a person, would they rather be called their stage name or birth name? I would at least try to figure out his real name and treat him like a person, see if he wants to smoke because it’s a great way to build a bond.
FROM HASHSTORIA WRITTEN AND PHOTOGRAPHED BY KAYLYNN WOHL
What do you know about training for budtenders?
Would you have wanted more in depth training when you joined the cannabis industry?
I know there are places that do classes for training, but I don’t think they’re being pushed across the board. For instance, my first cannabis job paid us to do a CBD certification class that was run through East Fork Cultivars. They came in and did a workshop about CBD, its effects, the ways you consume it and the ways it could benefit you when eating versus smoking it. It was essentially a couple hours of a class with a few presentations, we asked some questions, there was a mock test at the end, and we got a certification and a badge.
Most definitely. For instance where I’m originally from in Oakland, there’s a cannabis university called Oaksterdam, and it was one of the first in the country. There are places with an in depth curriculum that you can take, but it’s not something that’s required. If you want a job at budtending, all you do is take a 30-minute test online. They just want to know that you know the laws. Personally, growing up, I was around a lot of drugs and people who used drugs. I had questions like what happens when you take them, why do they make you act that way, and what are the short and long term effects? Luckily I grew up around the time with the internet, so I would sit and read about brain chemistry and receptors and how drugs affect them.
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Stop by The Station. Bring your student ID card, get 10% off your entire order.
(541) 653 8965 645 River Rd #3, Eugene, OR 97404 Mon - Sat 9:00am to 9:45pm Sunday 9:00am to 7:45pm For use only by adults 21 and older. Keep out of the reach of children. It is illegal to drive a motor vehicle while under the influence of marijuana. 6 Green Eugene | Februrary 2022
HIGH RECOMMENDATIONS
Rebel Spirit WRITTEN BY ANNIE MCVAY PHOTOGRAPHED BY GUSTAVO DEL REAL FIGUEROA
W
h en we first disc u ssed the impo r tance of thi s i ssu e of Green Eugene, I k ne w I had t o f ind the per fect produ c t f or ou r r e c u r ring H igh Recom m en dati ons a r tic le, and had a go al i n m i nd: t he pro duct needed to su ppor t an or ga nizatio n th at hel ped those inc a r cerated fo r cannabi s-r elated c r imes. And no t o nly a pr odu c t, bu t one t h at a lo cal Euge ne dispen sar y c a r r ie d. Res t assured, after readi ng thi s, you c an do yo ur par t to f ig ht m ass inc a r ceratio n for cannabi s c r i m es! Reb e l Spirit Cannabis Company pa r t ners and pro fit shar es w ith T he Last Prisoner Proj ec t, w hic h a dvoc ates fo r criminal j u stic e r e f or m in three ways: pr i soner r e l ea se, reco rd clear i ng thr ou g h c le a n slate initiatives and r eentr y pr og rams. To geth er, they c r eate a pa thway o f h o pe and su c c ess f or i ts c ons tituents. Reb e l Spirit CEO Diane Dow n ey an d he r husband Chris Be c k ler bec ame ve r y active in the cann abis i ndu str y , w hic h is ho w th ey me t the f ou nder of the Last Priso ner P r oj ec t, Steve D eA ngelo , th ro ugh h is Har bor si de D is p e nsar y in Oakland, Cali f or n ia. When th ey fo und o ut DeAn g elo was shif t ing h is sights to c r eating the La st Priso ner Pro ject, the c ou ple kn e w i t was just the c au se they w er e looking to suppor t. R ebel Spi r it was one of th e first, and m ost c har itable, c a n na bis co mpanies to pr of it shar e w ith th e Last Priso ne r Pr oj ec t.
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“ We di dn’ t k no w wh e n we go t in volved wi t h L a s t P r i s o ne r P r o je ct that the o ve r wh e l m i ng m a jo r it y of the 40 , 0 0 0 p e op l e wh o a r e s t i l l in c ar c era t e d fo r m a r i ju a n a o ffe ns e s ar e peop l e o f co l o r , ” s a id Do wn e y . “ O u r c ont in u ing i nvo l ve m e nt wit h the L ast P r is o ne r P r o je ct i s t o t r y and r i g ht s o m e o f t h e wr o n gs o f t h e w or ld. Ma in l y t h e d i s p a r it y in ra ce and the wa y t h e m a r iju a na i nd u s t r y is tu r ni ng o u t fo r wh it e p e o p l e ve r s u s people o f co l o r . ” R ebel Sp i r it s t a nd s t r u e t o t h e i r slog an: L i ve fr e e , fl y h i gh ! Du r i ng the 2021 Or e go n Gr o we r s C u p , R ebel sp i r it wo n b e s t p r e - r o l l — a nd I u nder sta n d wh y ! T h e p a ck s o f p r e r olls ar e co nve ni e nt , wit h e a ch jo int ex per tly fil l e d wi t h fi ne l y gr o u n d c an nabi s . Ther e are t h r e e t y p e s o f p r e - r ol l pac k s: h y b r i d , in d ica a nd s a t iva . Eac h c om e s wit h fi ve jo int s o f t wo di f f er ent s igna t u r e s t ra i ns , wh ich keeps th i ngs fr e s h a s yo u a l t e r na t e bet w een t h e m . T h e fl a vo r wh il e sm ok ing t h e jo int s is e a r t h y a nd natu ral, a l l t h a nk s t o t h e 1 9 - a cr e Willam et t e Va l l e y fa r m , u t i l iz i ng or g an ic a nd s u s t a ina b l e h or t i cu l t u ra l prac ti c e s . R e b e l S p i r it a l s o p r id e s itself on s o u r cing r e c ycl in g- fr ie n d l y m ater i al s fo r p a ck a gi ng, t r y i ng i t s best to a voi d p l a s t ics a n d o t h e r u nsu stai na b l e p r o d u ct s . As ex pla ine d b y Downe y , t h e co m p a ny name is i n h on o r o f fa m il y fr i e n d Un c le M a r k , wh o wa s t r u l y r e b e l l io u s and em b o d i e d t h e s p ir i t o f t e s t i ng the li mi t s . E ve nt u a l l y , M a r k m o ve d
o u t we s t t o Or e go n a nd found so la c e in t h e r e m ot e wil d e r ne s s living o ff t h e l a n d . H e wa s a r r e s t e d in 1 9 9 2 in wh a t wa s t h e n t h e l a r ge s t o ut d o o r ca n na b i s gr o wi ng b u s t i n t h e S t a t e o f Wa s h in gt o n . M a r k r e fuse d t o co o p e ra t e wi t h a u t h o r i t i es a nd r e m a i ne d l o ya l t o h is p a r t ne rs, wh ic h l a nd e d h im wi t h t h e m a nd a t o r y m in im u m o f t e n ye a r s i n f e d e ra l p r i s o n . U nfo r t u na t e l y , i n 1 9 9 7 , Ma rk p a s s e d a wa y i n p r is o n in Lexingt on, Ke nt u ck y , fa r fr o m h is Pa c ific N o r t h we s t fa r m — wit h o nly five ye a rs o f h i s s e nt e nce r e m a i ni ng . Downe y is a n a l u m ni o f t he U nive rsit y o f Or e gon H on o r s co l l e ge , wh e re s h e m e t h e r b e s t fr ie n d , Jill, wh o is M a r k ’ s ni e ce . B e ck l e r , wh o is b e s t fr ie n d s wit h M a r k ’ s ne p h e w, s t o p p e d a n d m e t Downe y. Th e t wo fe l l i n l ove . T h e y s h a r e d a fe w fun ye a r s wi t h U ncl e M a r k b e fo re h e wa s in ca r ce ra t e d . I n 2 0 1 5 , t he c o up le p ut a m o r t ga ge o n t h e ir h om e , b o ught a p ie ce o f l a n d , a nd na m ed it U nc le M a r k ’ s Fa r m . S t a r t ing o n t h e m e d ic a l s i d e , R e b e l S p ir i t wa s o ne o f t h e first ca n na b i s b u s in e s s e s i n O re go n t o ge t it s r e cr e a t i o na l l i ce ns e . “W h e n we we nt t o m a r ke t wit h o ur p r o d u ct , we r e a l i z e d t h a t p e op le d o n ’ t go t o a d i s p e ns a r y o n F rid a y ni ght t o ge t t h e i r ‘ U ncl e Ma rk’ o n. T h e y go t o ge t t h e i r r e b e l sp irit o n. A n d s o M a r k is o u r r e b e l sp irit a nd t h a t ’ s wh e r e ou r b ra n d n am e c o m e s fr o m , ” s a id Downe y .
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KNOW YOUR RIGHTS
What you need to know about cannabis law in 2022 Written and Photographed by Alice Yeager
Beginning on January 1st, 2022, the Oregon Liquor and Cannabis Commission (OLCC) outlined new law changes going into effect for the sale of cannabis products. Most of the rules specifically affect the sale and distribution of cannabis products, but there is news for consumers as well. These changes will increase the amount customers can buy
as well as regulate safer packaging with better information on dosage and ingredients. If you don’t want to sit down and read the twelve-page compliance bulletin to find out exactly how this is going to affect you, the customer, then don’t worry: I’ll do it for you!
The amount of smokable cannabis you can purchase as a recreational user has been increased from one ounce to two ounces. As we are seeing a surge in the COVID-19 Omicron variant this raise comes at the perfect time for people trying to limit their contact with the outside world. Now is the perfect time to stock up, stay home and light up. This increase will also affect THC based concentrated edibles. You can now purchase 100 MG of edible concentrates which is doubled from the previous 50 MG. There are also some changes coming to cannabis delivery, which will now allow some counties and cities to deliver to areas outside their formerly regulated radiuses. This will potentially allow more access for cannabis users in rural or disputed areas who may not feel comfortable or have the access to go to a dispensary. There will also be increased focus on safety and regulation of artificial cannabis products. Manufacturers will now need to provide GRAS (Generally Recognized As Safe) grade certification to the FDA before being sold to consumers. As consumable cannabis becomes more popular this is an important step in expecting the same level of quality with cannabis consumables as you would regular food items.
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With the new changes to the Oregon law it may be hard to keep track of what exactly you can or can’t do as a recreational consumer. Don’t worry: here’s my guide for consuming cannabis safely and legally. And of course, these guides are for people 21 and older.
Q: How much cannabis can I keep on my person when I’m out in public? As of February 2022, Oregon has yet to update their guidelines on recreational user possession limits to reflect the new purchase limit. It’s safe to assume that you can still only possess up to one ounce on you at a time in public spaces. It’s best to be on the safer side and try not be out and about with more than an ounce until an official update has been released.
Q: Where can I smoke? The rule of thumb is you can smoke on private property but not in public places. So locations such as parks, bars and concerts are all places you can get into serious trouble for consuming cannabis. In these sorts of environments, it is best to use common sense and avoid situations where you are consuming marjuana around people who may not consent. The best place to consume is at home or at a friend’s place where you are on private property.
Q: I’m traveling down to California. Can I bring some Oregon paraphernalia with me? Sorry but no, you cannot legally bring cannabis from Oregon to another state even if cannabis is legal in that state. So smoke it all before crossing state lines—even Washington and California.
Q: Is it legal for me to drive after consuming cannabis products? I am still a competent driver while I’m high. Driving under the influence of cannabis is not only illegal but also not cool. Being high and deciding to drive can land you a DUI, which leads to fines well over $1,000 and even jail time. The CDC has also found that cannabis use negatively affects reaction time and coordination, and can become dangerous when behind the wheel. Don’t put yourself or others in danger; take the bus or grab a lift. Seriously. Don’t drive high.
Q: What if I rent my home? This is up to your landlord, they reserve the right to make up the rules on their own property within reason. The most common issue is if you are smoking in a rented unit, most often landlords will provide information on their smoking policy in your lease. You may have to find other ways of consuming cannabis in your home based around the policies you and your landlord have agreed to.
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THEN vs NOW Written by Lily Brennan
L
ast year when I moved to Oregon, my father and I did a cross-country road trip from New York. As soon as we crossed from Idaho and into the Beaver State, we were instantly welcomed to the first dispensary we’ve ever seen, with New York still being an illegal state and all. And as we ventured onward, it seemed as though the further you traveled into the state, the more apparent cannabis was for Oregonian lifestyles and cultures. It had me wondering...
The Initial Aftermath
What was Oregon like before recreational legalization in 2015? Would I have been a bit less shell-shocked if I had moved here prior? Coming from a state where I was used to the negative connotations and illegal activity pinned on cannabis use, I was interested in finding out just how much Oregon may have changed since its legalization.
Legislation was also designed in 2015 to allow counties where 55 percent or more of voters opposed Measure 91 to ban cannabis sales. A total of 15 counties rejected the initiative by that margin, all of which are east of the Cascade Range.
Background Oregon was the first state to have decriminalized small amounts of weed in 1973, as well as one of the first that allowed medical use. This being said, tolerance has a history of being challenged by those who oppose it, and this was no different for recreational legalization. On November 4th, 2014, there was a statewide ballot that contained the Oregon Legalized Marijuana Initiative, Measure 91, otherwise known as the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act of 2014. This went on as an initiated state ballot (a citizeninitiated ballot measure that amends state law) which was then approved by only 56.11% in favor. Measure 91 legalized recreational cannabis for people ages 21 and older, allowing them in turn to possess up to eight ounces of “dried marijuana” and up to four plants. After its initial approval in 2014, Governor Kate Brown signed its legislation on July 27, 2015, making the first legal sale date for marijuana up a year to October 1, 2015. Oregon was officially the third state in the US to legalize recreational cannabis use. greeneugene.com
It seemed almost instant that recreational cannabis was a controversial topic in Oregon. During the 2015 legislative session, the Oregon Legislature considered a 17 to 20% state sales tax on marijuana retail sales. This upset many individuals who were already practicing medical cannabis use, but also those who planned to start legally purchasing for recreational use. Others found it as a beneficial opportunity for the state.
Overall, the reaction to Measure 91 passing was extreme from both ends. Some were incredibly joyful while others were absolutely enraged. At this time, many were unsure of how this would affect societal interactions, taxation, local cultures, regulations, or even the impressions of the state in relation to the rest of the US. So ... Did Things Change? After legalization, recreational cannabis became an incredibly successful industry across Oregon. In mid-2016, there were fewer than 100 Oregon businesses licensed to sell recreational cannabis. Applications for licenses began to skyrocket towards the very last months of 2016, partially due to the legalization that required businesses to obtain a “recreational license” from the Oregon Liquor and Cannabis Commission (OLCC) in order to recreationally sell, effective Jan. 1, 2017. The number of licensed retailers nearly tripled in the onemonth span from early Dec. 2016 to early Jan. 2017. As expected, state and local recreational cannabis sales/excise taxes generated (and still does today) a hefty amount of tax revenue. For example, over $78 million in tax revenue was generated in 2017, the same year that licenses were a
requirement in order to sell recreationally. Many may wonder where this tax revenue goes. A 2019 audit found that “most of the collected taxes have gone toward shortages in the city’s general fund and specifically to police and transportation programs.” Socially, it seems much more widely accepted to use cannabis now. Despite the controversy that sprouted from its initial legalization, recreational cannabis use has become extremely common, and is even seen as equivalent to alcohol consumption by many. There are still some Oregonians who don’t support it, but reports have found this to be heavily related to generational and regional differences. Many report that Oregon’s prior history in relation to cannabis may have helped dissipate the initial tension, as medical legalization in 1998 paved a way to remove negative connotations associated with weed. Culturally, much of Oregon stayed the same. Similarly to how medical legalization began to normalize cannabis use, cannabis itself had already begun assimilating into Oregonian cultures for decades. Recreational use becoming legal created a larger space and community for consumption across the state, even as far as having cannabis-themed restaurants or bars. The cultural tolerance to weed stayed the same, while the execution of the practice became more publicized. Reflection Despite only being legalized recreationally six years ago, cannabis has been oriented into Oregonian cultures and lifestyles for numerous decades. As Oregonians it is important that we all understand the recreational laws, and continue to educate ourselves to keep both ourselves and the greater community safe.
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Prosecuting
PeacE: lasting impacts of cannabis prohibition Written and photographed by Gino Savaria 12 Green Eugene | Februrary 2022
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T
he isolated backwoods of Douglas county enticed Chris Poulos as a reprieve from the excessive stimulation he was sensitive to. It seemed like a perfect first home for him and an ideal place to grow cannabis— until he spent four years immersed in a battle with Oregon’s judicial system.
Poulos shared that he has struggled with PTSD from a young age, and that he is on the autism spectrum. He said it wasn’t until he tried cannabis as an adolescent that he realized the chronic stress and dissociation he was used to was not the only way of being. “When you’re 15, you don’t know what the hell’s going on, but I realized ‘wow, I suddenly feel better when I use this substance,’” Poulos said. By his late 20s, he had grown a passion for cannabis, as well as about 70 developed plants. He said that many of his friends couldn’t grasp how he calmly produced a small farm in his house while Douglas county tended to deal harsh sentences for cannabis related crimes. To Poulos, the risks hardly registered. That was until Feb. 16, 1996, when two police detectives drove past numerous cautionary road signs and up Poulos’s steep gravel driveway. In an appellate brief of the incident, the two officers reported receiving an anonymous tip that led them to the backwoods residency. Poulos said that to this day, he does not know exactly where they received their information from, but suspects the electric company’s meter reader.
money, according to Poulos. Intending to push back against the infringement on his freedom,, Poulos quickly hired Robert McCrea, an attorney based out of Eugene. “Back then, especially in Douglas County, they were sentencing people for 20 years. So my attorney wasn’t gung ho or like ‘we’re going to get you out of this.’ I guess he didn’t want to make any claims he didn’t know for sure,” said Poulos. For eight months the case loomed over his head, leaving him to simmer on the diverging paths ahead of him. He said that when the day of the trial finally arrived, the prosecution approached McCrea with what Poulos believed to be a decent offer: the state agreed to keep him out of prison as long as he pleaded guilty. “I think that’s usually their plan when they acquire evidence without a warrant, and most of the time people probably take the deal because they don’t want to go to jail. It’s kind of like a little scam,” said Poulos. Poulos said their defense was based on sound logic and McCrea appeared relatively optimistic, so he decided to deny the plea deal. They instead argued that the arresting officers lacked a warrant, and signs warning trespassers should have made it clear that Poulos did not welcome uninvited guests to his property.
‘I’m hot shit, and I can do whatever the fuck I want. I’ll throw your ass in jail. I don’t need a search warrant...”
Poulos said that as they spoke at the top of his drive, the lead detective identified a cannabis plant sitting in a second story window. Poulos believed this would have been far outside their vantage point. “They came at 10 a.m. when the sun’s fairly high and the window is more of a mirror, and yet they somehow knew there was a plant behind it. Which was stupid to leave there of course on my part, but I don’t know if there was anything I could have done at that point,” said Poulos. He said the officers seemed to show up loaded with the information they needed to make an arrest. Yet, according to official records from the court of appeals, they failed to secure a search warrant before arriving. Although the injustice was obvious, the point was moot. “What was interesting to me was the lead detective had a macho attitude seeming to say, ‘I’m hot shit, and I can do whatever the fuck I want. I’ll throw your ass in jail. I don’t need a search warrant,’” said Poulos. He recounted that the officers locked him in a Roseburg jail cell for four nights. On Feb. 21st, he was released 45 miles from his home without a vehicle or money to help him get home. When he returned to his property, it was as if he had been robbed. His truck, his house, his CD collection; the state had seized it all, claiming it must have been purchased with drug 14 Green Eugene | Februrary 2022
According to Poulos, the presiding judge, Joan Glawe Seitz, had commented that she was familiar with the area and would have been uncomfortable driving up to his house herself. He said the case wrapped up fairly quickly and Seitz declared him innocent of the charges against him. However, the prosecution immediately filed a notice of appeal, claiming the judge was biased and the case deserved a retrial. Poulos’ relief vanished as he remained suspended in the legal system’s web. “They just made it as hard for me as possible. While they used tax money to pay the prosecutor, they knew I’d bleed from my own pocket. My attorney wasn’t gonna do the appeal for free,” Poulos said. With the state still in possession of his truck, his only mode of transportation at the time, and his debts compounding, Poulos turned back to cannabis as a source of income. He said he didn’t see much of a choice, and feared losing his house if his bills were left unpaid. A year after his first arrest while awaiting an appeal, Poulos came home to find a note left by county law enforcement requesting that he surrender himself. The detectives searched his home while he was out—but this time they had a warrant, he said. Poulos called McCrea, who suggested he listen to their note. After spending one night in a jail cell, he was released with another trial ahead of him. According to Poulos, they obtained the warrant for his second arrest by using information from the still open first case.
On July 23, 1997, three appellate judges considered the arguments made by the prosecuting and defending attorneys. The prosecution claimed that the no trespassing signs and various others posted were insuficient to imply the detectives were unwelcome, and he should have erected a physical barrier instead. McCrea challenged these allegations, asserting that the measures Poulos took were sufficient enough.
As the prosecution ran out of steam, they made a hail mary effort for an appeal that once again ended in favor of Poulos.
The appellate judges affirmed the ruling of the first trial, stating that “there was no evidence that even the customary casual visitor would be welcome on [the] defendant’s property.”
Poulos said that he didn’t really know what he was supposed to do, so he just kept filling out forms the Department of Revenue sent him, hoping it would stall the process a bit—and once again found his way back to growing cannabis
Half the evidence the prosecution held against Poulos dissolved with this judgment, and freedom appeared within reach. Yet, the state still justified its warrant. They argued that his electric bill was far too high for a property without a permanent resident. “This was my house. I lived there every day and they just flat out lied about it,” he said. According to Poulos, the second trial revolved around this new notion. The state presented that the Registered Guard receptacle sitting beneath his mailbox was overstuffed with newspapers, and was apparent proof he did not actively live there. Combined with a statement from the electric company regarding significant power usage, they argued that the property was solely a cannabis farm. “I wasn’t receiving any newspapers at the time, so I would just take the junk mail and stuff it in the Registered Guard receptacle, not really thinking much of it. I wanted to hold up that newspaper receptacle and say, judge does this fucking look like newspapers to you? Or does this look like trash?” said Poulos. However, he did not need to; after a third trial he was once again declared not guilty. He said that this judge even appeared fairly irritated with the lead detective, who at this point Poulos felt was harassing him.
Poulos narrowly avoided prison, but he did not get off scot free. He soon found the Department of Revenue billing him for $18,000. This was money he did not have, and as interest rates approached 10%, he felt cornered.
After numerous documents sent back and forth, he was slightly surprised to see that he had another court date. This time, he would be the prosecutor. He found a tax lawyer in Eugene and pushed for the absolvement of the debt. He was disappointed to learn that while they could not throw him in jail, the department of revenue had no issue fining him. In the end he was able to take the fee down to $8,000. “There’s a lot of things that get fucked up when the state comes in and interferes with your life. So you know, it kind of forced me to address my anger and where my life was because ultimately it’s up to me,” said Poulos Nearly 15 years after his first arrest, a bout of depression pushed him to turn off his grow lights and leave his cannabis plants in the past. Yet, nurturing plants continues to be a daily ritual that helps him find peace. Poulos said that today he sustains an ample garden and greenhouse of vegetables, but he does not grow cannabis anymore. As he sorted through potatoes crowded by eager shoots he reflected. “I am so thankful that, now, I can just walk two blocks to a store and buy standardized edibles without any danger of getting arrested.”
“There’s a lot of things that get fucked up when the state comes in and interferes with your life. So you know, it kind of forced me to address my anger and where my life was because ultimately it’s up to me.”
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Photo credit: Verde
Let’s Go Verde
Written and Photographed by Skyla Patton
How a Eugene dispensary is going green and paving the way for quality products at accessible prices With so many options, it can be tough to decide which dispensary to visit to stock up and get the best bang for your buck—while trusting at the same time that you’re receiving high quality products. Sky-high prices, unclear standards and inaccessible shopping experiences are just a few hurdles dispensary-goers have to navigate, often compounded by the constraints of a college student budget. Look no further: it’s time to kick back, relax, and live your best Verde life. Previously known as Eugreen Health Center, the freshly rebranded Verde multi-state cannabis company is paving the way when it comes to creating a welcoming, safe space for people of all backgrounds to shop comfortably and freely for their cannabis needs at a wide range of prices. Whether you’re stopping in for their $50 ounce shelf or capitalizing on the superb student discount, Verde has plenty to offer across all genres. Kate Danner, operations manager for Verde’s Oregon locations, said their biggest advantage as a dispensary comes from being vertically integrated, meaning that operations don’t just stop at the storefront. Across Oregon and Oklahoma, Verde owns both medical and recreational retail stores, an extraction facility, an indoor grow and an outdoor cultivation facility as well. 16 Green Eugene | Februrary 2022
“Cutting out those different versions of a middleman allows us to translate that advantage over to the customer,” said Danner. “Accessibility is a big priority of ours.” Stepping into their Willamette location, customers are greeted with a wall of flower to choose from as well as brightly-lit glass cases packed full of products ranging from cartridges to edibles to vibrantly colored blown glass paraphernalia. Each item is marked with a clear price tag—a level of transparency that isn’t always a given, and helps ease the customer into their unique shopping experience. Customer or otherwise, a recycling dropoff bin for plastics is available at the door, which is then hand washed, sanitized and repurposed by staff at Verde. Currently owned and operated by women, Verde capitalizes on that ability to set their own standards and prices for products and then offer deals that are mutually beneficial to them as well as the customer. While there are available options from outside retailers and farms, Verde offers a plethora of their own products on the shelves, ranging from cartridges to fresh flower, and plans for pre roll packs in the works. One of Verde’s most recent innovations, pitched by Danner herself, packs a serious punch: 14g house preroll “Cannons” stretching nearly the length of your forearm, and brimming
with high-quality ground cannabis flower. Choose from popular strains Grease Monkey, Wonder Dawg or Lemon Kush—best enjoyed shared with a group or as a gift for friends and family.
Brock Lewis, store manager at the Obie location, says that when he first started as a budtender most of his time was spent being introduced to the regulars on a first-name basis.
Danner said what sets them apart from other competitors is Verde’s attention to detail, and constantly seeking the perfect marriage between consumerism—what does the customer actually want to spend money on?—and the special attention Verde budtenders pay to the customer experience.
“Someone would come in and it would be like, ‘meet so and so, he comes in to get his cartridges every week,’” said Lewis. “We still get people coming in just off the street, but it feels more like we’re dealing with people rather than customers.”
Budtenders at Verde are given samples of the vast majority of “We’re not trying to appeal to one new products to test, so they’re set group of people. It’s important never recommending a product they to encompass everybody’s needs, “We still get people coming in just themselves haven’t had experience as much as possible,” said Danner. off the street, but it feels more like with. The emphasis is placed on “It’s not about finding the target personal experience and relatability we’re dealing with people rather so the budtenders are better able audience, it’s about identifying and serving who our audience actually to communicate with the people than customers.” is.” She said they have plans to they’re trying to serve. expand further into areas where she finds a lot of their customers are driving in, such as Springfield, Both Eugene locations offer a wide range of price tags across and even hopes to create new sections of the stores like a pet their shelves, without compromising on product quality. Offering mart. nearly half the price for top shelf ounces as comparative storefronts, Verde truly has something for everyone’s budget Budtenders at Verde strive to find the best item for each and taste. individual customer, seeking the perfect middle ground between price point and quality while developing a sweet relationship “We have quality across the shelves,” said Lewis. “You can move across broad demographics. as far up or down as you want, and you don’t have to worry about getting something that isn’t as good because it wasn’t the most “We have the best budtenders that I have come across in town, expensive.” and I’m not exaggerating,” said Danner. “Their recommendations are always taken to heart and come from an educated place. We Visit Verde at one of their two Eugene locations all week long even had someone drive over to Eugene from Idaho last month at 1111 Willamette Street or 1000 Obie Street. Check out their just to visit us.” website at www.verde420.com for location specific hours and a comprehensive walkthrough of Verde products and strains!
1111 Willamette Street Mon - Sat: 9am - 10pm Sun: 10am - 8pm
1000 Obie Street Mon, Tues, Thurs, Sat, Sun: 10am - 6pm Wed & Fri: 10am - 8pm
Cultivating Progress:
Cultiva
Law
Written and photographed by Megan McEntee
18 Green Eugene | Februrary 2022
aron Pelley made his name as a cannabis lawyer in the early 2000s. He not only won a large case, but made the argument that his client deserved to get his cannabis back. “That made them the first police station slash dispensary in the United States,” said Pelley jokingly. His passion for this standard of justice inspired Pelley to create what is now known as Cultiva Law. Cultiva Law is a firm dedicated to the cannabis industry: dealing with legal, business and compliance related cases all around the west coast. Chris Girard, paralegal and strategic operations at Cultiva, describes the firm’s ultimate goal as “the furtherance of policy and the plant.” I had the opportunity to sit down with Girard and Pelley, founder and CEO, to speak about cannabis law and the industry, as well as issues that arise within the livelihood of a lawyer in this field. Pelley started out as a criminal defense lawyer dealing with domestic violence and sex offense cases. After a few months, he realized that he didn’t want to represent sex offenders and domestic abusers. “If I was going to continue doing it, I was going to represent people committing the kind of crimes that I could see myself committing,” Pelley said. So he began representing drug-related cases. This was back in the early 2000s, when there were only one or two “pot” lawyers, as they were called by the general public, in each state. Once medical cannabis started rising in popularity, he began handling the corporate side of the budding industry. “I knew I wasn’t smart enough to host an entire corporate law firm,” said Pelley. “So I started hiring other lawyers to handle the transactional side of this.” Enter Cultiva Law. Cultiva thrives on its connection to the culture of the industry. Dependent on building the trust of clientele in this field, cannabis lawyers need to be well versed with both industry knowledge and an
understanding of the client on a personal level. Pelley takes this aspect of the job very seriously, articulating that a relational understanding is just as important as a legal understanding of cannabis. “I have to be the person that they trust,” Pelley said. “These other lawyers aren’t as good if they don’t understand the culture. They don’t understand the people… and frankly, they just don’t understand the outlaw mentality.” Pelley works with a variety of clients who are trying to navigate the newly legalized industry. Many of these clients have complicated criminal histories. Pelley recognizes this. “These guys were former outlaws, and yeah, they need to be reformed. But they come from a different place.” The stigma surrounding cannabis and other drugs creates this social divide, as well as the recency of decriminalization in Oregon creating a new realm of legal uncertainty. Cultiva takes measures to make sure these people feel safe in the wake of a stressful situation with the law. Whether it’s the rocket-shaped paraphernalia in the lobby of the office, the psychedelic band posters on the walls, or the laid-back demeanor of the staff, Cultiva designs every part of the experience to make clients feel safe and seen. Misconceptions about cannabis use, both medicinal and recreational, plague the justice system. Pelley has helped countless medical patients with legal issues. “They’re using the drug to become functional. And people that are using cannabis recreationally are functional, and they’re using it to become impaired,” said Pelley. Let’s say someone uses medicinal cannabis to treat their epilepsy, and they get pulled over; Pelley introduced this hypothetical with a fresh perspective. “What do you want more? Do you want a person driving down the road that could have epileptic seizures? Or do you want somebody who’s using cannabis medicinally, and in very measured doses, in order to prevent his seizures?” Context matters in a courtroom, and the current systems in Oregon tend to lack the leeway needed to accommodate these situations, according to Pelley.
is
greeneugene.com
Cannabis DUIs are a hot-button issue within the legal and law enforcement community. It is a class B traffic violation
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“Smell doesn’t always equal consumption. The scent of marijuana should be no different than the smell of coffee.” -Aaron Pelley if the driver or passenger consumes cannabis while inside the motor vehicle, according to Oregon Revised Statute (ORS) 811.482. There is a lot of discourse surrounding whether or not smell should be considered probable cause, especially considering possession of cannabis alone is no longer illegal in Oregon. Scent could just mean there is cannabis in the vehicle, which is legal as long as the person in possession is over 21 and the product is sealed in a closed container. “Smell doesn’t always equal consumption. The scent of marijuana should be no different than the smell of coffee,” said Pelley. Cultiva Law’s caseload is largely business-related, and as such, Girard had insights on how the fallout of the war on drugs impacted disadvantaged populations struggling to break into the industry. Directly after the commercial sale of cannabis was legalized in Oregon in 2014, the first people to start dispensaries tended to be small growers with large investors. These investment groups required startup money to be vetted, meaning the funds were examined for risk potential. For people who were selling cannabis in the illicit market prior to legalization, this new requirement posed an issue in moving into the legal market. “Ironic that they don’t want people that made a lot of money selling weed to be licensed, and make the state taxes,” said Girard. “I mean, this drug trade originally was built on an inclusiveness of all racial categories, and of all economic categories… And so when we look at the recreational market, it should be no different.” This has contributed to an imbalance in the industry when it comes to the racial and socioeconomic background of cannabis business owners. “It’s insane, the economic divide that’s in the industry,” said Girard, “I think that divide is also what keeps the war on drugs going… what keeps it fueled.” The Oregon government has made an effort to remedy this through social equity programs.
In 2016, the Social Equity and Educational Development (SEED) program was introduced in Oregon. One of the initiatives in this program, the SEED grant, aims to provide more accessible licenses to people in “economically disparaged areas and discriminated groups’’ receive special consideration for a cannabis business license. “I think that we’re gonna see a lot more opportunities that then may be granted to the industry as a whole once we see the positive effects they have,” said Girard. One opinion seemed universal across the conversation: once cannabis is legalized federally, progress will come faster. And what we’re seeing is that the economic development that legalized commerce is providing is actually pushing the state legislature to catch up. For example, the DEA and USPS are currently working together on policy regarding the mailability of Delta-9 THC, due to the economic opportunities it will provide as well as the precedent set by the mailability of hemp flower. “We’re seeing the end to the war on drugs, not through presidential action or legislative action like we’ve been promised for so many decades by every politician. Now we’re seeing it because of the mechanisms of an industry that are forcing it to happen,” said Girard. “It’s phenomenal to watch.” The staff at Cultiva Law are working hard to try and remedy a broken system, and an infantile industry. Whether it’s taking countless probono cases, filling the pews of a courtroom, or fighting tooth-and-nail for their clients, they are making a difference that can be reflected in the tides of a developing industry and culture. “I don’t think anybody should be going to jail for a plant,” said Pelley with a wry chuckle. “I just don’t.” But change is happening, one small win at a time. “Change has to come slowly. Otherwise it’s too chaotic,” said Girard. “Right?”
Understanding Oregon’s Cannabis Arrest and Incarceration Data Written by Mac Larsen
O
regon’s incarceration data provides insight into the progress and problems with the state’s drug policies and legislation. In 1973, Oregon became the first state to decriminalize the possession of cannabis, displaying progressive attitudes about drug consumption among voters and politicians. By looking at the state of Oregon’s own Department of Corrections (DOC) data, we can begin to see how the rate of arrest and incarceration for crimes related to federally controlled substances has evolved. While Oregon is making progress in decreasing these numbers, many southern counties are facing a myriad of challenges with illegal cannabis operations, which could lead to the possible increase of arrests as the pandemic continues.
Across Oregon, arrest and incarceration disparities show inequities in the criminal justice apparatus for people of color. Looking at data from 2018, law enforcement would need a reduction of 351 arrests and 21 felony convictions for Black Oregonians to match the same rate for white individuals. This metric, raw differential representation (RDR), is used in the analysis of bias in criminal justice system across the country. In 2015, the rate of felony possession arrests was 150 arrests higher for Black Oregonians than white ones. These disparities convey that progress for drug arrests and convictions are most often beneficial only for white individuals and the predominant burden of these policies falls on historically marginalized groups.
Statewide Felony PCS Conviction Counts and Raw Differential Representation Metrics by Race/Ethnicity
Statewide PCS Arrest Counts and Raw Differential Representation Metrics by Race/Ethnicity Black Native Am White Hispanic Asian
600 500
Black Native Am White Hispanic Asian
150 100
Reduction To Match WhitES
Reduction To Match Whites
400 300 200 100 0 100 200
50 0 50 100 150
300 200
400 500
13-14
14-15
15-16
16-17
Fiscal Year
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17-18
18-19
250
13-14
14-15
15-16
16-17
17-18
18-19
Fiscal Year
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Convictions
Arrests
Misdedeanor First-Felony Felony
6000
11000
5000 4000 3000
9000
2000 1000 7000
13-14
14-15
15-16
16-17
Fiscal Year
17-18
18-19
0
13-14
14-15
15-16
16-17
17-18
18-19
Fiscal Year
CANNABIS ARRESTS In 2020, arrests for the sale of cannabis were down by 23% and arrests for possession were down 34%. These are trends that show how law enforcement is deprioritizing cannabis as a controlled substance when it comes to pursuing drug related crimes. However, between 2015 and 2020, these statistics have been inconsistent, and we can see from the FBI’s Uniform Crime Report (UCR) that arrests for cannabis sales have increased by 3%. To better understand the state’s given data, there’s a benefit in analyzing what percentage of total drug crimes cannabis possession and sales make up. In 2015, cannabis crime made up 37% of arrests, while six years later in 2020, that percentage had decreased by 9%, leaving cannabis crime only a quarter of the total arrests. 22 Green Eugene | Februrary 2022
METHODOLOGY
Green Eugene gathered incarceration and arrests data using the Oregon state Commission for Criminal Justice statistical dashboard and the FBI’s Uniform Crime Reporting database. Much of the raw data was unavailable for public analysis, but information from UCR was independently analyzed by the author. More on methodology, sourcing and links can be found at our website, greeneugene.com. Oregon’s and the FBI’s data report through the National Incident-Based Reporting System (NIBRS) which collects crime data that is independently reported to the agencies. In 2020, the FBI received NIBRS data from 175 of 234 law enforcement agencies in the state.
Oregon Drug Crime Arrests 2015-2020 CONTROLLED SUBSTANCE CRIME LANE COUNTY TRENDS 2013-2019
There are several changes to controlled substances and cannabis legalization law in Oregon that affect the way that the numbers change over time. 2012 saw the first contemporary legalization bill raised as a state ballot measure, two years later a similar ballot measure was passed by 56% of voters. The differences between local law, state law and federal law is at the heart of most conflict surrounding cannabis legalization.
Marijuana 20%
Oregon’s UCR data also portrays a downward trend for both drug related arrests and convictions using their dashboard on the Criminal Justice Commission’s website. This data does include all PCS related crime so it’s important to account for the small proportion that cannabis crime makes up of that total. The swap between a predominant number of misdemeanors and felonies occurs over 2017, the same year that HB 2355 took place, which demonstrates the importance of changing the law for sentencing.
Total Drug Crime Arrests 80%
lane county prison usage for drug crime 200
TOTAL JAIL USAGE SUM PRISON INTAKE JAIL INTAKE PROBATION
150
100
50
0
12
13
14
15
16
17
18
19
20
21
Oregon Statewide Prison Usage For Drug Crime TOTAL JAIL USAGE SUM
2000
PRISON INTAKE JAIL INTAKE PROBATION
1500
1000
500
0
12
13
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14
15
16
17
18
19
20
21
THE LAWS THAT HAVE CHANGED THE DATA
DRUG INCARCERATIONS IN LANE COUNTY, BEYOND In Lane County in 2021, there are now 24 individuals incarcerated for drug crimes, 16 of which are out on probation. These numbers have been dropping steadily since 2015 and show how the implementation of decriminalization laws of both cannabis and other narcotic drugs has led to a decrease in incarcerations. For statewide drug incarcerations, this decrease is far less steep, between 2016 and 2019, the number of incarcerations hovered around 1,070 and didn’t decrease significantly until 2020 with the pandemic leading to higher rates of probation and fewer incarcerations. This could be because of the decriminalization of street drugs in 2019 or due to an increase in releases because of COVID dangers. The year 2021 saw the largest decrease in all drug count incarcerations with a change from 440 first drug sentences in 2019 to 282 in 2020 to only 219 in 2021. These trends, decreasing arrests and lower incarcerations rates, show Oregon’s steps forward to prioritize other forms of resources for drug-related crimes instead of relying on the criminal justice system. Yet, with $25 million in federal funding backing southern Oregon’s pursuit of illegal cannabis growers, we could see an increase in arrests and incarcerations in 2022.
For example, in 2019 the State Senate passed Senate Bill 420 which “establishes procedures for persons with qualifying marijuana convictions to file motion requesting court to enter order setting aside conviction,” according to the Oregon Legislature’s website. This allows for those with prior cannabis related convictions to have these expunged from their records if the conviction would no longer stand under current Oregon law. This can be helpful for those seeking to apply for mortgages, find employment, or any other area where formerly incarcerated individuals find a burden of prejudice. The Oregon Criminal Justice Commission has also updated their Possession of Controlled Substances report to track the changes that House Bill 2355 has had on the drug trend data in the state. This law reclassified the crime of possession of a controlled substance (PCS) from a Class B or C felony to a Class A misdemeanor. This changed the maximum sentencing for these crimes from 10 years and a $250,000 fine to one year and a $6,250 fine. HB 2355 took effect in 2017 and decreased the number of felony drug convictions by 61%.
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24 Green Eugene | Februrary 2022