Oregon lawmakers pass bill to recriminalize drug possession What will the change do? - Marijuana not affected

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Oregon may revive penalties for drug possession. What will the change do?

Oregon is poised to step back from its first-in-the-nation drug decriminalization law

abcnews.go.com

Oregon may revive penalties for drug possession. What will the change do?
Oregon is poised to step back from its first-in-the-nation drug decriminalization law

ABC News

Oregon is poised to step back from its first-in-the-nation drug decriminalization law with a new measure approved by the state Senate that would reinstate criminal penalties for possessing small amounts of some drugs.

The law, which took effect in 2021, decriminalized possession and personal use of all drugs, including small amounts of heroin, methamphetamine, LSD, oxycodone and others.

Supporters of revising the statute say it's needed to address the state's overdose crisis, while opponents say it reverts to an approach that hasn't been beneficial and could violate civil rights.

Here's a look at how it could change the way drug possession is handled by law enforcement and prosecutors in the state:

If signed by Gov. Tina Kotek, who has indicated she is open to doing so, the measure approved Friday would restore penalties for possessing illicit drugs including cocaine, fentanyl, heroin and methamphetamine.

Possession of marijuana, which has been legalized for medical and recreational use in the state, would not be affected.

The measure also would not criminalize the controlled use of psylocibin mushrooms, which voters approved in 2020 for therapeutic use.

The legislation would implement jail sentences of up to six months for possessing small amounts, and police could also confiscate drugs and stop their use in parks and on sidewalks.

The measure encourages law enforcement agencies and prosecutors to refer someone arrested or cited for possession to treatment programs instead of jail. The measure also allows for people convicted of possession to have their record expunged later.

Oregon is experiencing one of the largest spikes in drug overdose deaths, and a 2023 audit report said the state has the second-highest rate of substance use disorder in the nation while also ranking 50th for treatment access.

That has prompted criticism and pressure by Republicans to change the decriminalization law. A well-funded ballot campaign to further weaken the statute is underway.

Researchers say it’s too soon to determine whether the decriminalization measure contributed to the increase in overdoses.

Opponents of recriminalization say it reverts to a failed, decades-old approach of arresting people for possessing and using even small amounts of drugs.

They worry that it will disproportionally impact people affected by drug addiction and focuses too much on punitive measures rather than treatment. Critics have also said it will further burden public defenders' caseloads.

“This legislation exacerbates the challenges faced by those grappling with addiction, particularly impacting Black and brown Oregonians and those experiencing homelessness,” Gloria Ochoa-Sandoval, policy director of Unite Oregon, said in a statement released by a coalition of groups opposed to the measure.

 

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Oregon lawmakers pass bill to recriminalize drug possession
FILE - A person holds drug paraphernalia near the Washington Center building on SW Washington Street, April 4, 2023, in downtown Portland, Ore. A bill recriminalizing the possession of small amounts of drugs was passed by the Oregon Legislature, Friday, March 1, 2024, undoing a key part of the state’s first-in-the-nation drug decriminalization law as governments struggle to respond to the deadliest overdose crisis in U.S. history. (Dave Killen/The Oregonian via AP, File)
SALEM, Ore. (AP) — A bill recriminalizing the possession of small amounts of drugs was passed by the Oregon Legislature on Friday, undoing a key part of the state’s first-in-the-nation drug decriminalization law as governments struggle to respond to the deadliest overdose crisis in U.S. history.

The state Senate approved House Bill 4002 in a 21-8 vote after the House passed it 51-7 on Thursday. The bill now heads to the desk of Gov. Tina Kotek, who said in January that she is open to signing a bill that would roll back decriminalization, Oregon Public Broadcasting reported.

“With this bill, we are doubling down on our commitment to make sure Oregonians have access to the treatment and care that they need,” said Democratic Senate Majority Leader Kate Lieber, of Portland, one of the bill’s authors, adding that its passage will “be the start of real and transformative change for our justice system.”

The measure makes the possession of small amounts of drugs such as heroin or methamphetamine a misdemeanor, punishable by up to six months in jail. It enables police to confiscate the drugs and crack down on their use on sidewalks and in parks. Drug treatment is to be offered as an alternative to criminal penalties.

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The bill also aims to make it easier to prosecute people who sell drugs. It increases access to addiction medication, and to obtain and keep housing without facing discrimination for using that medication.

Decriminalization of personal-use amounts of drugs, OK’d by voters in 2020 under Ballot Measure 110, was supposed to move hundreds of millions of dollars of marijuana tax revenues into drug treatment and harm reduction programs. That didn’t translate into an improved care network for a state with the second-highest rate of substance use disorder in the nation and ranked 50th for access to treatment, according to an audit report released in 2023.

And with Oregon experiencing one of the nation’s largest spikes in overdose deaths, Republican pressure intensified, and a well-funded campaign group called for a ballot measure that would further weaken Measure 110.

Researchers have said it was too soon to determine whether the law contributed to the overdose surge, and supporters of the decriminalization measure say the decadeslong approach of arresting people for possessing and using drugs didn’t work.


FILE - Oregon Gov. Tina Kotek speaks during a signing ceremony in Washington, Friday, Feb. 23, 2024. A bill recriminalizing the possession of small amounts of drugs was passed by the Oregon Legislature, Friday, March 1, 2024, undoing a key part of the state’s first-in-the-nation drug decriminalization law as governments struggle to respond to the deadliest overdose crisis in U.S. history. The bill now heads to the desk of Kotek, who said in January that she is open to signing a bill that would roll back decriminalization, Oregon Public Broadcasting reported. (AP Photo/Susan Walsh, File)
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Lawmakers who opposed the bill voiced those concerns. Some called it a return to the war on drugs that disproportionally impacted and imprisoned millions of Black men.

Democratic Sen. Lew Frederick, of Portland, one of four Black senators, said the bill had too many flaws and that testimony on the bill heard again and again was that substance use disorder requires primarily a medical response.

“I’m concerned that it (the bill) will attempt to use the same tactics of the past, and fail, only to reinforce the punishment narrative that has failed for 50 years,” he said, adding that the measure could move more people into the court system without making them healthier.

 

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