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Since You Asked: Cops can’t sell seized pot By Mail Tribune staff Aug 28, 2022 12:00 AM A A Why can’t law enforcement sell the marijuana they find at illegal grows to fund law enforcement? — various Southern Oregon residents This is a question we’ve heard from readers now and then, and the Josephine County Sheriff’s Office is hearing it, too. Unlike the Jackson County Sheriff’s Office, the Josephine County Sheriff’s Office faces a funding crisis and layoffs if it can’t find more money. Josephine County is pondering a seasonal sales tax. The Josephine County Sheriff’s Office recently sent out a community news advisory explaining why it can’t sell illegal marijuana from raids to raise some much-needed cash. “If we were to rely on sales of confiscated marijuana for revenue, that could create a conflict of interest and possibly lead to an unethical situation where law enforcement had ulterior motives in prosecuting individuals. We strive to avoid any real or perceived conflicts of interest,” Josephine County Sheriff Dave Daniel said in the advisory. Daniel said selling marijuana would be like writing traffic tickets to fund law enforcement, which the sheriff’s office doesn’t do. That could lead to abuse instead of a genuine focus on traffic safety. “Furthermore, our county does not compete for sales with law-abiding cannabis producers, possibly undercutting their business margins, or ‘flooding’ the market,” Daniel said. He said illegal marijuana often is tainted with toxic chemicals, including pesticides, which makes it dangerous to use and a public health concern. Legal marijuana and hemp operations are subject to inspection by the Oregon Liquor and Cannabis Commission, Oregon Health Authority and Oregon Department of Agriculture. Testing of the product is mandated by regulations. “So, while we applaud the innovative thinking of the citizens asking why our county does not sell confiscated illegal marijuana to fund public safety, this will not be a revenue solution for Josephine County,” Daniel said. Law enforcement throughout Southern Oregon is struggling to keep up with the proliferation of illegal marijuana grows in the area. The Oregon Legislature has provided millions of dollars to boost law enforcement against illegal operations, crack down on water theft and help farm workers displaced by raids. But those millions of dollars are competing against the draw of billions of dollars in revenue for illegal operators. Last year, police in Jackson, Josephine, Klamath and Douglas counties found and destroyed illegal marijuana with an estimated black market value of $2.78 billion, according to a Mail Tribune analysis. That figure doesn’t capture illegal marijuana operators who weren’t busted by law enforcement. Most sell their product for inflated prices in states where marijuana remains illegal. In 2020, Oregon voters passed Measure 110 to decriminalize drugs such as heroin and meth. The measure diverts hundreds of millions of dollars of legal marijuana tax revenue from law enforcement, schools and other needs to services for people dealing with addiction. Enforcement agencies can potentially get money from cash or property that is seized in connection with a crime. In 2021, there were 83 seizures statewide that netted $664,865 for law enforcement agencies across Oregon. All the seizures were drug-related, according to the latest annual report from the Oregon Asset Forfeiture Oversight Advisory Committee. The number of seizures dropped off in 2021, potentially due to legal changes in recent years that affected how asset forfeiture is performed in the state, according to the report. There were more than 300 seizures in the state in 2019, the report said. Send questions to “Since You Asked,” Mail Tribune Newsroom, P.O. Box 1108, Medford, OR 97501; or by email to [email protected].