Sean C. Morgan
Deputy District Attorney Michael Wynhausen warned Friday, March 30, that the use of illegal drugs is rising in Linn County.
Wynhausen spoke about the trends and impacts of drugs on the community in Linn County during a Lebanon Chamber of Commerce’s lunch forum held at Samaritan Lebanon Community Hospital Friday. The event was sponsored by Pacific Power.
Wynhausen has spent approximately 15 years as a deputy district attorney in Linn County. He also has been a deputy district attorney in Benton and Union counties. While attending law school at the University of Oregon, he was an acting deputy district attorney in Lane County.
Methamphetamines
At the beginning of his career, working in Lane County from 1995 to 1996, meth was the most prevalent drug, ahead of marijuana, he said.
Since then, it has shifted, with most meth – and now other drugs – imported from Mexico, impacting Linn County because of its location on Interstate 5.
Law enforcement is able to determine the origin through search warrants and seizure at different levels in the drug trade, Wynhausen said.
As far as meth is concerned, “we had a real serious problem with manufacturing in Linn County,” Wynhausen said. Meth was manufactured in “small spaces,” in what his office referred to as “clandestine labs.” Drug manufacturers would extract ephedrine from pseudo-ephedrine products for use in making meth.
The process created low-quality meth that caused damage to teeth and sores among users, he said. In 2006, the legislature passed a law that moved pseudo-ephedrine products behind the counter and required a prescription to purchase them.
Personally, Wynhausen said, he was skeptical the law would help, but “shockingly” it did.
“The clandestine labs disappeared overnight,” he said. Since then, the number of meth cases decreased dramatically, from nearly 700 cases filed in Linn County in 2006 to less than 300 cases filed in 2010. Since then, though, the number has been increasing, with 700 cases, primarily possession or delivery, filed in 2016 and 2017, as high as it’s ever been.
Today, Mexican manufacturers are producing higher-grade pharmaceutical-quality meth, more pure and potent than it was last decade, Wynhausen said; and more people die from meth overdoses than heroin.
He pointed to New York Times article published in February citing a state Department of Health report that 232 people died from the use of meth in 2016, twice as many as from heroin.
Heroin
The number of cases filed in Linn County for heroin has increased substantially, beginning in 2012, nearly 180 in 2016 and nearly 160 last year. In 2011, Linn County had about 30 cases filed, while in 2012, there were more than 80 cases filed. In 2006 and 2008, about 30 cases were filed, with 20 or fewer filed annually until 2011.
When he started in Linn County, “you almost never saw cases involving heroin,” Wynhausen said. Now it’s the second most common illegal drug. He said he thinks it increased in response to declines in meth supplies.
“In 2011, Mexico started taking up the heroin trade,” Wynhausen said. Previously, it had been manufactured in the Middle East and trafficked through Mexico. Mexico manufactured some 10 percent of the heroin that reached Linn County. Today, Mexico manufactures some 90 percent of the heroin.
It’s highly addictive, and it’s causing a lot of problems, he said, pointing to the rise of overdoses. In 2015 and 2016, Linn County had 12 overdose fatalities annually, and eight people died from overdosing in 2017. So far in 2018, two people have fatally overdosed. About 50 percent were from heroin.
“When they make laws regarding drugs, it has an impact on our communities,” Wynhausen said. Last year, the state legislature approved HB 2355, which reduced possession of small amounts of heroin, cocaine, meth and ecstasy (MDMA) from a felony to a misdemeanor.
“It makes me worry, going forward,” Wynhausen said. “The consequences, as they become less and less, it’s going to become more prevalent.”
Marijuana
Until recently, marijuana has been mostly illegal, Wynhausen said. Oregon was the first state to decriminalize it in 1973, changing possession to a violation with a fine. In 1998, Oregon was one of the first states to legalize medical marijuana.
While he understands that marijuana has some medicinal value, Wynhausen said, he believes that proponents of the medical marijuana law were trying to put their foot in the door with a goal of legalizing marijuana.
In 2014, state residents voted to legalize it, Wynhausen said. Displaying a map of counties that voted to legalize marijuana, he noted that the Portland Metro area dominated the vote, as it does in many other areas, while Linn County rejected the measure.
“I believe that we are going to see an increasing drug problem as a result of this law,” Wynhausen said. Modern marijuana is much more potent. In 1973, it had a THC content of just 5 percent. Now, some strains reach 30 percent THC, while edibles and other products often reach THC content levels of 95 percent.
“This is not the same marijuana people used in the ’70s and ’80s,” Wynhausen said.
Use among teens has increased, he said. “It is dangerous, and anybody who tells you it isn’t is dishonest.”
One reason to worry is the increased risk of drivers under the influence of intoxicants, he said. “Driving under the influence of intoxicants is probably the most dangerous crime I have to deal with as a prosecutor.”
DUII is indiscriminate, killing people every single year, he said. The number had been declining. After legalization in Washington, it has continued to decline, but it’s declining at a lower rate.
In 2017, for the first time, DUII charges involving just alcohol were fewer than the number involving alcohol and other drugs or other drugs without alcohol, Wynhausen said.
He noted that there isn’t a test for blood THC content right now. What is available is from a 1960s-era study in Sweden. THC is measured in nanograms per milliliter of blood.
Law enforcement relies on drug recognition experts, he said. They conduct field sobriety tests and measure things like blood pressure, pupil responsiveness and blood temperature to determine what category of drug is influencing a person.
The Oregon State Police Crime Lab is buried in drug and urine analysis, Wynhausen said. It takes months to get results, so law enforcement probably needs to start doing something different for testing.
He suggested that the state could purchase a new device, which would cost about $30,000 apiece, that is capable of testing drugs in the field and protecting police officers from accidental overdoses by coming into contact with highly potent and deadly synthetic opiates like fentanyl while reducing the workload at the Crime Lab, saving money in the long run.
Wynhausen noted that the area has seen little fentanyl, although last year, Corvallis had a case where a person was manufacturing pills with it.
Other Drug-Related
Criminal Activity
“”As I understand it, statewide property crimes are on the rise.” Wynhausen said. “And much of it is attributed to people who are using drugs.”
“In my own experience, many of the people who commit property crimes are connected to drug crimes in some way. They are users attempting to feed their habit and stealing to get the money or exchange stolen property for drugs, traffickers who steal vehicles so that they are more easily able to deal drugs without being identified by law enforcement and soliciting individuals to steal in exchange for drugs.”
Dealers will distribute “shopping lists” to their customers, he said. The drug users go to Wal-Mart and other businesses to steal items on the lists. The dealer gives them drugs valued at 50 cents on the dollar for the items.
Among the methods for committing theft, they will take items off the shelf and head straight to the customer service desk to return the item for cash, he said.
“I will tell you that we have, in my opinion, some of the best law enforcement in the state,” Wynhausen said when asked if he had good news. Linn County Sheriff’s Office and Lebanon Police Department are outstanding.
“Sweet Home Police Department, Albany Police Department, they all do great work,” Wynhausen said. “They work well together.”
The reason most people don’t generally come into contact with drugs or problems associated with drug use is because of the work law enforcement is doing in the community.
Wynhausen is running for judge of the Linn County Circuit Court against incumbent Fay Stetz-Waters in the November general election.