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It would be safe to have guessed that the help-wanted ad running when John Hodgkins’  County Deputy position was open, could have sent most job seekers running in the opposite direction.

The special position is one where you should expect to work on Super Bowl, St Patrick’s Day, fishing opener and most holidays,  plus two complete weekend shifts per month. 

The life of a Drug Recognition Evaluator or DRE is tied to those traditional times when potential traffic law offenders would  most likely be on the road.  As the saying goes— you have to be where the action is.

Hodgkins has been with the Chisago County Sheriff’s Office since December 2023 and has held his unique DRE certificate/license since 2020.  He came here by way of the City of Virginia, MN and a stint in law enforcement as a state patrol trooper.

There are not alot of licensed DRE personnel available throughout the state, according to agency statistics.  The legislature earmarks funding to try to boost the number;  especially  in the face of unknown demand for enforcement, under Minnesoat’s legalization of  recreational marijuana. The DRE, however, deals, with  not just cannabis. There are incidents of narcotics use behind the wheel, he recognizes meth abuse, and finds drivers under prescriptions for depression, or using hallucinogens and inhalants.

The Department of Public Safety reports an average of fewer than five DRE personnel per county in the metro areas,  while in outer ring areas it’s more like one or two.  

Deputy Hodgkins’ position here is supported by a state grant which expires in one more year.  As a reimbursement system the funding is based on workday record-keeping.   Deputy Hodgkins can perform any basic deputy function but is compensated by the state directly for his hours performing Drug Recognition Evaluation services. 

The grant also covered purchase of his individualized pewter colored county squad. A little subtler on the graphics with smaller and fewer colored lights, the idea was to stand apart but to not be  full blown “unmarked.” 

The Durango is piled high inside with gear and very accessible  amongst the inventory in this mobile office  is the DRE’s  blood draw kit.  Hodgkins is trained to provide phlebotomy services and

 can assist any department, making completing an arrest and evidence gathering more efficient overall.

Even though there is no “threshold” level established for an offense based on a drug like cannabis, body fluids are equally key in any Driving While Impaired case.  

Hodgkins said during his required training sessions to maintain his DRE licensure, he learned about a device that relies on saliva to test for levels of marijuana’s mood altering THC. 

If oral fluid testing is ever perfected for use in the field, and authorized by the state legislature,  it will make the enforcement of recreational cannabis laws much simpler, he declared. 

The Department of Public Safety recently completed a pilot test of two oral devices. The agency gave a report to  state lawmakers on what they found as positives and negtives of the two oral screening options.  The testing was done using cooperative subjects who had been brought in on suspicion of driving under the influence.  They were advised their participation was voluntary and the evidence collected would not be allowed to be used in charging.

The Dept. of Public Safety was pleased with the results using the Abbott SoTaxa and Drager drug test 5000.   Devices testing oral fluids in six drug classes, including cannabinoids.  The pilot project showed  matches to substances in 82 percent of subjects who also had blood and urine tests.

At this time;  the offender has to be observed doing something that supports a strong case they were “impaired” behind the wheel and prosecution is decided based on there also being any detection of a presence of a substance.  

The initial indication of impairment may be executing a clumsy or  hesitant turn, or going over curbs, straddling lines or travelling fast-then-slow.  There is a “matrix” of substances and their physical indicators,  that the DRE  memorizes and applies to identify when a suspect is on something.

The  “presence” of the THC (or whatever substance is suspected) may be valuable evidence, but Hodgkins said observation associated with the impaired driving aspect is equally as important.

The state legislature is expected to digest the oral device report and assess the value of acquiring the $5,000 instruments and for how many departments.  There is no legislation now that appropriates money for statewide oral mobile testing.

Hodgkins joked how his wife gets a little annoyed whenever he points out regular-looking people in a shopping mall who he’s sure are high.   If you have ever been one who partakes and felt paranoid that everyone knew you were high— you weren’t wrong.

As a DRE Hodgkins explains he can attempt to complete a blood draw two times and if both are unsuccessful he brings the suspect to another qualified professional.  It is a little bit surprising how cooperative most suspects can be, he mused.

FYI...

Minnesota law allows for personal use and possession of up to two ounces of marijuana or eight grams of concentrated THC and/or 800 milligrams of an edible product.  This applies to those 21 and older.  

Same as alcohol— the cannabis/THC products can’t be in open containers.  Hodgkins says the best advice is to put it in your trunk out of reach if you are transporting a personal amount.

If you are consuming cannabis under a medical prescription, remember you can still be arrested as impaired as long as the officer also observes outward indicators of impairment.  

The courts have ruled there can not be a traffic offense-related vehicle search based only on detecting an odor of cannabis, but it still  is NOT legal to consume or carry an opened package of marijuana in a vehicle.  If an officer sees a violation of the “open package law” it could justify further investigation.  Same goes for edibles.

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