Democratic lawmakers in Oregon introduced a comprehensive new proposal on Tuesday, aiming to reverse a significant aspect of the state’s pioneering drug decriminalization law.
This move reflects a growing acknowledgment that public sentiment has shifted unfavorably toward the measure due to widespread public drug use amid the fentanyl crisis.
The proposed bill seeks to reclassify the possession of small drug amounts as a low-level misdemeanor, empowering law enforcement to seize them and address their presence on sidewalks and in parks.
Additionally, the legislation strives to streamline the prosecution of drug dealers, enhance access to addiction treatment medications, and safeguard individuals from housing discrimination based on their medication use.
State Senator Kate Lieber, a Democrat from Portland, told The Associated Press, “It’s the compromise path, but also the best policy that we can come up with to make sure that we are continuing to keep communities safe and save lives.”
Voters approved Measure 110, a groundbreaking decriminalization law, in 2020 with a 58% majority. However, Democratic lawmakers, who initially advocated for it as a means to address addiction as a public health issue rather than a criminal one, are now grappling with a significant surge in overdose deaths.
They face mounting pressure from Republicans and a well-funded campaign group calling for a comprehensive overhaul.
Researchers caution that it’s too early to attribute the state’s alarming overdose increase to the law, while proponents argue that the conventional approach of arresting individuals for drug possession and use had proven ineffective over decades.
Scheduled for introduction in the upcoming legislative session starting in February, the bill, proposed by Lieber and fellow Democrats from a newly formed addiction committee, responds to concerns about the state’s drug crisis.
The committee, established between legislative sessions due to these concerns, has conducted multiple hearings since September, gathering input from law enforcement and substance use disorder experts regarding the law’s successes and shortcomings.
Measure 110 allocated the state’s cannabis tax revenue to fund drug addiction treatment while decriminalizing “personal use” quantities of illicit drugs. For instance, possessing less than a gram of heroin only incurs a ticket and a maximum fine of $100.
Individuals with small amounts can have the citation dismissed by completing an addiction screening within 45 days via a 24-hour hotline. Those failing to undergo screening do not face penalties for not paying the fine.
State auditors found that, in the first year after the law’s enactment in February 2021, only 1% of those cited for possession sought help through the hotline. As of June of the following year, the hotline received an average of 10 calls per month related to citations.
Critics argue that the law hasn’t incentivized seeking treatment, a concern the new bill aims to address. While specific details are yet to be finalized, “personal use” possession of illegal drugs would become a misdemeanor punishable by up to 30 days in jail or a $1,250 fine.
The proposed legislation would not impact Oregon’s legalization of cannabis or psychedelic mushrooms.
Individuals arrested for small amounts would be referred by the police to a peer support specialist for scheduling an assessment or intervention.
Attendance at the meeting would exempt them from charges, while non-compliance could lead to involvement by the district attorney’s office.
In cases where charges are filed, individuals could avoid jail by agreeing to specific probation conditions or by diverting their case to drug court, where judges emphasize treatment programs over incarceration.
“We’re trying to give people off-ramps while also introducing some accountability into the system,” Lieber stated.
Republican legislators expressed dissatisfaction with the bill, arguing that it lacked sufficient measures.
They advocated for mandatory treatment and proposed that possession for “personal use” be classified as a higher-level misdemeanor, carrying a potential penalty of up to one year in jail or a fine of $6,250.
Advocacy organizations supporting Oregon’s decriminalization law opposed the idea of reclassifying “personal use” possession as a criminal offense once more.
Concerning drug dealing, the proposed legislation seeks to simplify the prosecution of individuals involved in the sale of drugs. It also proposes more severe penalties for drug transactions occurring in parks and in proximity to homeless shelters and substance use disorder treatment centers.
Furthermore, the bill strives to enhance treatment accessibility, especially for medications used in treating opioid addiction.
This includes granting doctors the authority to prescribe such medications without requiring prior approval or review from insurance companies. Additionally, the bill aims to facilitate the refill of prescriptions by pharmacists in specific emergency situations.
In addition to these measures, the legislation intends to broaden fair housing standards to safeguard individuals prescribed such medication from discrimination while seeking or maintaining long-term living arrangements, such as permanent supportive housing for those transitioning out of homelessness.
Legislators will have a limited window of 35 days to pass the bill once the legislative session commences on February 5th.
