This is a follow-up question to the one you recently answered about the Duckworth's charge of selling drugs near a school. As I understand, the fact that the school was established after they were already in their location doesn't matter because what they were charged with was illegal, period. But what about the methadone clinic? After the clinic finally found a new location, what if a day care operation moves in down the block? Do schools and day care facilities have an obligation not to locate near a methadone clinic?
— Stephanie T., Talent
This is the old apples and oranges type of comparison, Stephanie. Methadone from a clinic is a legally prescribed substance. In the case of the medical marijuana clinics, the charges against the owners were related to the alleged unlawful delivery of marijuana, according to Medford police Chief Tim George.
You're right, the methadone clinic on East Main Street had to move because it was discovered that it was less than a 1,000 feet from a day care facility. The clinic had used a walking distance measurement rather than the required as the crow flies measurement.
Since the day care business was in existence before the methadone clinic, the clinic was forced to move. You can refer to Oregon Revised Statute 430.590 for more details.
According to George, the new location on Murphy is not located within 1,000 feet of a day care center. However, if a day care center were to move in after the methadone clinic opens its doors, the clinic would not be forced to move.
A completely different law, Oregon Revised Statue 475.862, makes it a crime to sell marijuana within 1,000 feet of a school.
Lori and Leland Duckworth ran the Southern Oregon chapter of the National Organization for the Reform of Marijuana Laws (SONORML) from the space at 332 W. Sixth St. in Medford for four years.
The Duckworths face 11 counts each of conspiracy to deliver marijuana within 1,000 feet of a school, and 11 counts each of manufacturing marijuana within 1,000 feet of a school.
Stephanie, you just need to keep in mind that in regards to your question, we're talking about two entirely different laws.
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