Deschutes County hearings double-header: Guns and pot

Hearings on two hot-button topics – guns and marijuana – ended up on the same agenda Wednesday for Deschutes County commissioners. And while a no-shooting zone east of Redmond was approved after drawing little fire, a possible move to opt out of allowing some marijuana-related business brought the expected big turnout and wide variety of opinions.

The county, city and Redmond Area Park and Recreation District all own property east of Redmond’s city limits, where there have been growing concerns and complaints about bullets endangering hikers, bikers, youth sports teams and others in the area, as well as bullets whizzing over the head of staff at the county’s Negus solid-waste transfer station.

Katie Hammer of RAPRD urged the move, for public safety reasons – much as the park district and city of Redmond already have done in the increasingly used area.

So did sheriff’s Capt. Erik Utter, who said one round hit an RV and “narrowly missed” a child inside. The county staff said they hear gunshots ricocheting or “whizzing over” their heads as the work on equipment in the area, Nelson said.

A few people testified, including Brian Nelson, who has worked with both the Central Oregon Trail Association and Redmond Rod and Gun Club, the latter which had similar unsafe shooting issues – a “free for all,” is how he put it — until a range safety officer was implemented.

“I have seen responsible firearms use out there on many occasions, as well as irresponsible firearms use,” he said.

Commissioner Tammy Baney echoed that, saying, “The vast majority of gun owners are responsible owners.” But she said there is a “donut hole” where shooting has been allowed, unlike nearby BLM land (where several commenters noted the issue is much the enforcement challenge as the map or clear rules.)

The board voted 3-0 to approve the petition to designate the East Redmond Firearms Discharge Restricted Area.

Then they dove into the hearing on whether the county should pursue the new lawmaker-approved option to “opt out” of any specific marijuana-related businesses. County Legal Counsel David Doyle said unless some steps are taken by the county, marijuana would be treated as just another farm crop in farm-zoned lands, “regulated effectively like a tomato.”

Sheriff Shane Nelson was given the first speaking slot, saying he was not just there as a sheriff but as a father, husband community member.

Recreational, as well as medical, marijuana “is legal – the voters have spoken. We respect that. We advocate for responsible use, and legal use. … We had legalization without some framework in place. We’re trying to work through those issues as a state right now.”

“I think this moratorium” – until voters would have their say in November 2016 – “provides an opportunity for citizens to get information and weigh in on their vote with what they’d like to see this county do. … I want the voters to weigh in on how we will use our resources.”

But Nelson acknowledged that personally, he doesn’t believe it’s “a good thing for public safety.” And Utter, the sheriff’s captain, noted the issues with crime related to black-market marijuana activity, such as burglaries and thefts from production sites – even two homicides, he noted, after a burglary related to marijuana theft.

“Our concern certainty is that while there is now a legal format for marijuana, there also will continue to be a black market for marijuana, whether in transport from other states, or individuals in our own state who don’t have the legal authority to possess it, which include our youth under 21,” Utter added.

Hunter Neubauer, part owner of Oregrown in Bend, said he too is a husband and father, but “part of a generation that looks at a new industry as an opportunity to help regulate an industry that’s been black market for decades.”

“I think the best way to navigate safety concerns is to have a well-regulated system,” said Neubauer, who sites on the rules advisory committee for the Oregon Liquor Control Commission.

Scott Freshwaters, who lives south of Sunriver in a rural-residential area of 10 acre lots, said he believes he’s “the only one in Deschutes County who has filed a code complaint over a marijuana grow operation.” He said the neighboring property brought in numerous heat pumps, and then he “started smelling the skunk odor” from the medical marijuana grow site.

Freshwaters said he wants rules for things such as groundwater protection, and is favor of the moratorium while rules are clarified: “Let’s have people growing be good neighbors.”

Among those testifying on the growers’ side was admittedly nervous Lindsey Pate, who said she and her husband worked hard to find a 16-acre parcel of which 14 acres is a buffer from neighbors such as cattle ranches and aggregate mines.

She’s all for regulations – but as for a ban, temporary or permanent, she was one of many arguing against it, in the wake of voter approval of Measure 91.

“It’s infringing on my rights to take this away from me,” she said. “My husband and I have put our life savings, our blood, our sweat, our tears” into their operation, down to her own labeling of child-safe packaging for edibles.

Baney asked her, and a few others, if she lives on the growing site, and Tate said she does.

Bob Blake spoke of the medical benefits for people with cancer, as his business in medical cannabis employs over 10 people. He did not favor Measure 91, and is worried that will deal his company a death blow and expressed hope of finding a middle ground.

“You cannot do the moratorium,” he said. “You have people who have made millions in investments, including me. It’s not what America is about.”

There were so many people trying to give testimony, commissioners opened a second public hearing at 5:30 p.m.

Deschutes County Commissioner Tammy Baney said the commissioners will make their decision within the next few weeks. If the moratorium passes, state law sends it to the November 2016 ballot for voters to decide. If they don’t take that step, the county still has some other options to regulate the new industry.