By Claire Rush
Associated Press
SALEM, Ore. 鈥� Democratic lawmakers in Oregon on Tuesday unveiled a sweeping new bill that would undo a key part of the state鈥檚 first-in-the-nation drug decriminalization law, a recognition that public opinion has 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.
鈥淚t鈥檚 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,鈥� state Sen. Kate Lieber, a Portland Democrat, told The Associated Press.
Voters passed the , Measure 110, with 58% 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鈥檚 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鈥檚 too soon to determine whether the law has contributed to the state鈥檚 deadly overdose surge, and supporters of the measure say the decadeslong approach of arresting people for possessing and using drugs didn鈥檛 work.
The bill, unveiled by Lieber and other Democrats serving on a , is set to be introduced during the legislative session that starts in February. The Legislature adjourned over the summer, but concern over the state鈥檚 drug crisis led Democrats to launch the committee in between sessions. Since September, the committee has held multiple hearings and heard testimony from law enforcement and substance use disorder experts on the law鈥檚 accomplishments and shortcomings.
Measure 110 directed the state鈥檚 cannabis tax revenue while decriminalizing 鈥減ersonal use鈥� 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鈥檛 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% of people who received citations for possession sought help via the hotline, 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鈥檛 created an incentive to seek treatment, a criticism the new bill seeks to address.
The measure鈥檚 details have yet to be finalized, but 鈥減ersonal use鈥� 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鈥檚 or .
Those arrested for small amounts would be referred by police to a peer support specialist to schedule an assessment or intervention. If the person shows up to the meeting, they wouldn鈥檛 be charged. If they don鈥檛, the offense could be referred to the district attorney鈥檚 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, where judges place people in treatment programs rather than jail.
鈥淲e鈥檙e trying to give people off-ramps while also introducing some accountability into the system,鈥� Lieber said.
Republican lawmakers said the bill didn鈥檛 go far enough. They called for mandatory treatment and 鈥減ersonal use鈥� possession to be a higher-level misdemeanor punishable by up to a year in jail or a $6,250 fine.
鈥淎 low-level class C misdemeanor only provides 30 days in jail as an alternative. This is nowhere near the amount of time needed to address addiction,鈥� state Rep. Kevin Mannix said in a statement.
Advocacy groups that have backed Oregon鈥檚 decriminalization law opposed the proposal to once again make 鈥減ersonal use鈥� possession a crime.
鈥淵ou don鈥檛 need a criminal penalty. You need services, and you need to make sure that you鈥檙e investing in those services,鈥� said Tera Hurst, executive director of the Health Justice Recovery Alliance. 鈥淐riminalization is not an effective tool to getting people into treatment, and it does more harm than good.鈥�
Regarding drug dealing, the bill would make it easier to prosecute people for selling drugs and create harsher penalties for doing so in parks and near homeless shelters and substance use disorder treatment centers.
The bill also aims to expand access to treatment, particularly medications used to treat opioid addiction. It would allow doctors to prescribe such medication without prior approval or review from insurance companies, and make it easier for pharmacists to refill prescriptions in certain emergency situations.
Additionally, it would expand fair housing standards to protect people prescribed such medication from being discriminated against when trying to maintain or access long-term living facilities, such as permanent supportive housing for people exiting homelessness.
Lawmakers will have just 35 days to pass the bill once the legislative session starts on Feb. 5.