Drug decriminalization has been a topic of debate in Oregon since the passing of Measure 110 in 2020, which decriminalized the possession of small amounts of drugs. However, recent public opinion and a surge in drug-related issues have prompted Democratic lawmakers to propose changes to the law. A new bill, unveiled by state Senator Kate Lieber and other Democrats, aims to recriminalize the possession of small amounts of drugs as a low-level misdemeanor.
In 2020, voters in Oregon passed Measure 110, making it the first state to decriminalize the possession of small amounts of drugs. The measure aimed to treat addiction as a public health issue rather than a crime. Possession of under a gram of drugs, such as heroin, became subject to a ticket and a maximum fine of $100. Those caught with small amounts could have the citation dismissed by completing an addiction screening within 45 days. However, critics argue that the law did not provide sufficient incentives for individuals to seek treatment.
Democratic lawmakers, led by Senator Kate Lieber and Representative Jason Kropf, have proposed a new bill that would recriminalize the possession of small amounts of drugs. The bill would make possession of drugs like fentanyl, methamphetamine, and heroin a low-level misdemeanor, allowing law enforcement to confiscate drugs and crack down on their use in public spaces. The proposed changes also aim to make it easier to prosecute drug dealers, improve access to addiction treatment medication, and protect individuals from housing discrimination based on their medication use.
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The proposed changes to Oregon’s decriminalization law come in response to public opinion and rising concerns about drug-related issues in the state. Despite the intentions of Measure 110 to prioritize addiction services over criminal consequences, Oregon has experienced a significant increase in overdose deaths. The surge in deaths, along with pressure from Republicans and campaign groups, has prompted Democratic lawmakers to reevaluate the effectiveness of the decriminalization law. Critics argue that the decades-long approach of arresting individuals for drug possession has not effectively addressed addiction.
If the proposed bill is passed, it would mark a significant shift in drug policy in Oregon. While Measure 110 aimed to treat addiction as a public health issue, the proposed changes would reintroduce criminal consequences for drug possession. Possession of small amounts of drugs would become a misdemeanor punishable by up to 30 days in jail or a $1,250 fine. However, the bill would not affect the legalization of cannabis or psychedelic mushrooms in the state.
The proposed changes also include measures to improve access to addiction treatment. Individuals caught with small amounts of drugs would be referred to a peer support specialist for assessment or intervention. Those who comply with the referral and attend the meeting would not face charges. However, if charges are filed, individuals could avoid jail by agreeing to certain conditions of probation or by having their case diverted to drug court, where treatment programs are offered instead of incarceration.
The proposed changes have received mixed reactions from various stakeholders. Advocacy groups that supported Oregon’s decriminalization law argue that recriminalizing drug possession is not an effective solution. They emphasize the need for comprehensive services and increased investment in addiction treatment rather than punitive measures. Opponents of the bill believe that criminal penalties will deter individuals from seeking help and exacerbate existing issues within the criminal justice system.
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On the other hand, Republican lawmakers and law enforcement groups argue that the proposed changes do not go far enough. They suggest that possession of small amounts of drugs should be a higher-level misdemeanor, punishable by up to a year in jail or a higher fine. They believe that stronger penalties are necessary to encourage individuals to accept treatment and address the drug addiction crisis.
In addition to recriminalizing drug possession, the proposed bill includes several other policy changes. The bill aims to make it easier to convict drug dealers by allowing prosecutors to charge individuals caught with large amounts of drugs with an “intent to sell.” Harsher penalties would be imposed for selling drugs in parks, near treatment facilities, or homeless shelters. The bill also seeks to expand access to addiction treatment medications by eliminating insurance hurdles and allowing pharmacists to prescribe them in emergency situations.
Furthermore, the proposed bill aims to protect individuals prescribed addiction treatment medication from housing discrimination. It would expand fair housing standards to ensure that individuals are not discriminated against when seeking long-term housing, such as permanent supportive housing for those exiting homelessness. The bill also proposes funding for additional services, including $30 million for sober housing and the expansion of certified community behavioral health clinics.
The proposed bill is set to be introduced during the legislative session starting in February. Lawmakers will have 35 days to pass the bill once the session begins. As the legislative process unfolds, there will likely be further discussions, amendments, and debates regarding the proposed changes to Oregon’s drug decriminalization law. The final outcome will determine the future of drug policy in the state and the approach taken to address addiction and drug-related issues.
The proposed changes to Oregon’s drug decriminalization law represent a significant shift in drug policy in the state. Democratic lawmakers aim to recriminalize the possession of small amounts of drugs as a low-level misdemeanor, citing concerns over public drug use and rising overdose deaths. While critics argue that criminal penalties are not the solution, proponents of the bill believe that introducing accountability and improving access to treatment are essential for keeping communities safe and saving lives. As the legislative process unfolds, the future of drug policy in Oregon will continue to be a topic of debate and scrutiny.
