July 23, 2014 at 2:10 p.m.

Herbal mix is topic

County may discuss ban

The Jay County Commissioners and sheriff discussed if something needs to be done to stop an herbal mixture with effects similar to marijuana, before it becomes a problem locally.
The commissioners discussed the issue after news reports are growing in places like Allen County as sale and use of K2 is becoming more prevalent. Although K2, which is a brand of an herbal mixture as an incense or spice, may produce effects similar to marijuana or other cannabinoids when smoked, the product has not yet been declared an illegal substance.
“(Police) can’t arrest (people) for using K2,” said commissioner Milo Miller Jr.
“It’s not illegal,” said attorney Lon Racster.
Spice products have recently been identified as a problem in Allen County and elsewhere and have already been banned in Boone County.
The commissioners discussed whether they should be proactive and pass an ordinance banning the substance before it becomes a problem in Jay County.
Racster informed the commissioners that one problematic issue with banning the substance is that there are not proper tests developed to test for it.
“If you want to charge someone with something you’ve got to be able to test for it,” he said.
Racster said, however, that one method to attack the issue would be to target sellers and not users by passing an ordinance.
“To try to stop it you can say you can’t sell it or you can’t sell anything representative of it,” he said, which would also cover people who sell fake products or similar products.
Racster said that sort of law would hold up in court since it would be within the realm of “police powers” which cover actions of police that protect citizens from hazardous materials.

Miller said the state legislature will likely pass a ban on the substance but that it likely wouldn’t take effect until July 1 if they do.
Sheriff Ray Newton arrived later in the meeting and discussed the K2 issue with the commissioners, but said he doesn’t feel the substance is a problem at this time.
“I really haven’t heard of a problem here,” Newton said.
Newton informed the commissioners that “there’s a lot of (legal) stuff these kids out here can get a hold of” and that “there’s always something that’s going to take its place.
“I don’t think you should worry about it until we have a problem with it,” he said.
In other business this morning, the commissioners:
•Heard a complaint from Adlie Hedges, rural Portland, about stone from county road 275 South washing out into his yard. The commissioners told Hedges they would inform the highway department about the issue.
•Heard a complaint from Ernie Muhlenkamp about an issue he had with service at Jay County Hospital. The commissioners told Muhlenkamp he would have to speak with hospital CEO Joe Johnston about the issue. Miller called Johnston and set up a meeting for Muhlenkamp.
•Signed a contract with Mercer Concrete to do repair work to the Meridian Street courthouse annex building, which houses the Purdue Cooperative Extension office, for $8,290.
Mercer Concrete will power-wash the building, do patch work to the masonry, caulk and repaint the building.[[In-content Ad]]
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