SALEM, Ore. — In response to the escalating fentanyl crisis and mounting public concerns over rampant drug use, Democratic lawmakers in Oregon unveiled a comprehensive new bill on Tuesday that seeks to roll back a key element of the state’s groundbreaking drug decriminalization law. The proposed legislation would reclassify the possession of small drug amounts as a low-level misdemeanor, giving law enforcement the authority to seize such substances and address their use in public spaces.
The bill’s primary objectives include making it easier to prosecute drug dealers, facilitating access to addiction treatment medication, and preventing discrimination in housing for those using such medication. State Senator Kate Lieber, a Democrat from Portland, emphasized that this proposal represents a compromise aimed at ensuring community safety while saving lives.
Oregon voters had approved the pioneering drug decriminalization law, Measure 110, in 2020 with a 58% majority. However, with the state grappling with a surge in overdose deaths, Democratic legislators are acknowledging the need for adjustments to address the current challenges.
The new bill, set to be introduced in the upcoming legislative session, would eliminate exemptions that currently protect small drug possession from criminalization. While critics argue that Measure 110 failed to create incentives for seeking treatment, supporters emphasize the need for a balanced approach that combines accountability with opportunities for rehabilitation.
The specific provisions of the proposed legislation are still being finalized, but it is expected to reclassify “personal use” possession of illegal drugs as a misdemeanor, punishable by up to 30 days in jail or a $1,250 fine. The bill would not impact Oregon’s existing legalization of cannabis or psychedelic mushrooms.
Individuals arrested for small drug amounts would be referred to peer support specialists for assessments or interventions. The proposed legislation aims to provide off-ramps for individuals while introducing accountability into the system, according to Senator Lieber.
Republican lawmakers argue that the bill falls short and advocate for mandatory treatment, suggesting that “personal use” possession should be a higher-level misdemeanor with more substantial penalties.
Advocacy groups supporting drug decriminalization in Oregon oppose the proposed changes, asserting that criminalization is an ineffective tool for encouraging treatment. They emphasize the importance of investing in services to address addiction rather than resorting to punitive measures.
In addition to addressing small drug possession, the bill aims to streamline prosecution for drug dealing and introduce harsher penalties for such activities near specific locations, such as parks, homeless shelters, and substance use disorder treatment centers. It also seeks to expand access to addiction treatment medications and protect individuals prescribed such medication from housing discrimination.
The proposed legislation comes after a period of hearings and testimony from law enforcement and substance use disorder experts, reflecting a reevaluation of Oregon’s approach to drug decriminalization amid the evolving challenges posed by the fentanyl crisis. The bill is expected to be a focal point in the upcoming legislative session, with both Democrats and Republicans expressing their views on the proposed changes.