Oregon may revive penalties for drug possession. What will the change do?
Oregon is poised to step back from its first drug decriminalization bill with a new measure approved by the Senate that would reinstate criminal penalties for possessing small amounts of some drugs.
The law, which took effect in 2021, decriminalized the possession and personal use of all drugs, including small amounts of heroin, methamphetamine, LSD, oxycodone and others.
Supporters of revising the statute say it is necessary to address the state’s overdose crisis, while opponents say it returns to an approach that has not been beneficial and could violate civil rights.
Here’s a look at how this 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 he is open to it, the measure approved Friday would reinstate penalties for possession of illegal drugs, including cocaine, fentanyl, heroin and methamphetamine.
Possession of marijuana, which has been legalized in the state for medical and recreational use, would not be affected.
The measure also would not criminalize the controlled use of psylocibin mushrooms, which voters approved for therapeutic use in 2020.
The legislation would implement prison terms of up to six months for possession of small amounts, and police would also be able to seize 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 makes it possible for people convicted of possession to have their criminal record expunged later.
Oregon is experiencing one of the largest spikes in drug overdose deaths, and a 2023 audit report states that the state has the second-highest rate of substance use disorders in the country, while also ranking 50th in access to treatment.
That has led to criticism and pressure from Republicans to change the decriminalization law. A well-financed ballot campaign is underway to further weaken the statute.
Researchers say it’s too early to determine whether the decriminalization measure has contributed to the increase in overdoses.
Opponents of recriminalization say it harks back to a failed, decades-old approach of arresting people for possessing and using even small amounts of drugs.
They fear this will disproportionately 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’ files.
“This legislation exacerbates the challenges faced by those struggling with addiction, especially as it affects Black and brown Oregonians and those experiencing homelessness,” Gloria Ochoa-Sandoval, policy director for Unite Oregon, said in a coalition statement from groups opposed to the measure. .