Oregon bill to reverse drug decriminalization

Fentanyl crisis spurs Democrats’ about-face

SALEM, Ore. — Democratic lawmakers in Oregon on Tuesday unveiled a sweeping new bill that would undo a key part of the state’s first-in-the-nation drug decriminalization law, a recognition that public opinion has soured on the measure amid rampant public drug use during the fentanyl crisis.

The bill would recriminalize the possession of small amounts of drugs as a low-level misdemeanor, enabling police to confiscate them and crack down on their use on sidewalks and in parks, its authors said. It also aims to make it easier to prosecute dealers, to access addiction treatment medication, and to obtain and keep housing without facing discrimination for using that medication.

“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,” state Sen. Kate Lieber, a Portland Democrat, told The Associated Press.

Voters passed the pioneering decriminalization law, Measure 110, with 58 percent support in 2020. But Democratic legislators who championed it as a way to treat addiction as a public health matter, not a crime, are now contending with one of the nation’s largest spikes in overdose deaths, along with intensifying pressure from Republicans and growing calls from a well-funded campaign group to overhaul it.

Researchers say it’s too soon to determine whether the law has contributed to the state’s deadly overdose surge, and supporters of the measure say the decadeslong approach of arresting people for possessing and using drugs didn’t work.

The bill, unveiled by Lieber and other Democrats serving on a recently created committee on addiction, is set to be introduced during the legislative session that starts in February. The Legislature adjourned over the summer, but concern over the state’s drug crisis led Democrats to launch the committee in between sessions.

Measure 110 directed the state’s cannabis tax revenue toward drug addiction treatment while decriminalizing “personal use” amounts of illicit drugs. Possession of under a gram of heroin, for example, is only subject to a ticket and a maximum fine of $100.

Those caught with small amounts can have the citation dismissed by calling a 24-hour hotline to complete an addiction screening within 45 days, but those who don’t do a screening are not penalized for failing to pay the fine.

In the year after the law took effect in February 2021, only 1 percent of people who received citations for possession sought help via the hotline, state auditors found. As of last June, the hotline received an average of 10 calls per month that were related to citations.

Opponents of the law say it hasn’t created an incentive to seek treatment, a criticism the new bill seeks to address.

The measure’s details have yet to be finalized, but “personal use” possession of illegal drugs would become a misdemeanor punishable by up to 30 days in jail or a $1,250 fine. The bill would not affect Oregon’s legalization of cannabis or psychedelic mushrooms.

Those arrested for small amounts would be referred by police to a peer support specialist. If the person shows up to the meeting, they wouldn’t be charged. If they don’t, the offense could be referred to the district attorney’s office.

If charges are filed, they could avoid jail by agreeing to certain conditions of probation, or by agreeing to have their case diverted to drug court.