Possession of fentanyl has become illegal again in Oregon after the state rushed to roll back laws that allowed drug use and homelessness to take over cities.
Oregon lawmakers have passed a bill to recriminalize drug possession, weeks after Governor Tina Kotek declared a state of emergency over Portland’s fentanyl crisis.
On March 1, the Oregon Legislature passed a bill that would recriminalize possession of small amounts of drugs.
The original bill, called Measure 110, was passed in 2020 and saw possession of street drugs like heroin, fentanyl and methamphetamine become a non-criminal offense, similar to that of a parking ticket.
Oregon has seen a 210 percent increase in fentanyl-related deaths since the initial decriminalization law was passed.
In 2023, 16 children were exposed to fentanyl in the state and 539 children nationwide were exposed to the deadly drug. KATU2.
Possession of fentanyl has become illegal again in Oregon after a new bill was passed by lawmakers on March 1. (Photo: Officer Donny Mathew of the Portland Police Bureau’s bike crew stands next to a person who appears to be unconscious)
Lawmakers’ efforts come as governments struggle to respond to the deadliest overdose crisis in U.S. history. Oregon has seen a 210 percent increase in fentanyl-related deaths since the initial decriminalization law was passed in 2020
House Bill 4002 undoes a key part of the state’s medicine decriminalization law, the first of its kind in the US
Efforts by lawmakers come as Governments are struggling to respond to the deadliest overdose crisis in U.S. history.
According to the CDC, Oregon has seen a 190 percent increase in overdose deaths since the initial decriminalization law went into effect in February 2021.
In the 12 months leading up to February 2021, there were 861 overdose deaths in Oregon; that number rose to 1,650 deaths in the same twelve-month period ending September 2023.
When Oregon voters approved the landmark plan to decriminalize hard drugs three years ago, they thought ending the incarceration of drug users would be good for the state and potentially spread across the country.
However, overdoses soared as the state struggled to fund the upgraded treatment centers that are at the heart of the decriminalization plan.
The pandemic has further battered downtown Portland, turning the streets into an open-air drug market.
The Oregon Poison Center has urged people to keep young children away from street drugs, especially fentanyl.
About 80 percent of children between the ages of one and a half and 16 were exposed to the deadly drug at home, according to state health officials.
The Portland Police Bureau reported in September 2023 that nine children had ingested fentanyl since June. Five of them died and seven of them were under six years old.
The Democratic governor of Oregon declared a state of emergency at the end of January due to the fentanyl crisis in Portland. (Image: Chris, 28, is seen smoking crack in downtown Portland)
Oregon has seen a 190 percent increase in overdose deaths since the initial decriminalization law went into effect in February 2021
Oregon’s open-air drug market has also caused homelessness rates to rise. (Image: A homeless camp under Morrison Bridge in Portland, Oregon in August 2023)
Fentanyl is 50 times more powerful than heroin and can cause death or serious injury in children under the age of six, health officials said.
Now even liberal politicians — like Oregon’s Democratic governor, Tina Kotek — are willing to end the experiment before the drug crisis spirals even further out of control.
The bill now awaits Kotek’s signature. In January, she said she was open to signing a bill that would roll back decriminalization.
The Senate approved the new bill by a vote of 21 to 8, after the House passed it by a vote of 51 to 7.
On Thursday, Kotek said, “House Bill 4002 will require continued action and commitment from state and local government to uphold the intent the Legislature set forth: balanced treatment for individuals struggling with addiction and responsibility.”
The Democratic governor of Oregon declared a state of emergency at the end of January due to the fentanyl crisis in Portland.
“With this bill, we are redoubling our commitment to ensuring Oregonians have access to the treatment and care they need,” said Democratic Senate Majority Leader Kate Lieber of Portland, one of the authors of the bill.
She added that its passage “will be the beginning of real and transformative change for our justice system.”
The law is expected to come into effect on September 1 and will allow police to charge users with a crime, which could land them in jail for up to 180 days.
The bill also aims to make it easier to prosecute people who sell drugs. It increases access to addiction medications and obtaining and maintaining housing without being discriminated against because of the use of those medications.
Under the current bill, police can only cite people for minor possession of street drugs, with the option of paying a $100 fine or calling a hotline for substance abuse screening.
Gov. Tina Kotek said in January she was open to signing a bill that would roll back decriminalization
The bill also aims to make it easier to prosecute people who sell drugs. It increases access to addiction medications and obtaining and maintaining housing without being discriminated against because of the use of those medications
Kotek, along with her colleagues, Portland Mayor Ted Wheeler and Multnomah County Chairwoman Jessica Vega Pederson declared a state of emergency.
They sent agencies to WWork with first responders to connect people addicted to the synthetic opioid with resources, including drug treatment programs, and to crack down on drug sales.
In the 90 days following the declaration, fentanyl addicts who interacted with first responders in downtown Portland were triggered by the new command center.
Staff at the center can connect addicts with a variety of resources, from a bed at a drug treatment center to meeting with a behavioral therapist to help register for food stamps.
“Our country and our state have never seen such a fatally addictive drug, and they are all struggling with how to respond,” Kotek said.
Along with the bill, the Legislature approved a $2 million program that educates children from kindergarten through 12th grade about fentanyl, along with a social media campaign about the drug’s dangers. Oregon Live reported.
The helpline from the previous bill will still be available, although it has been rarely used over the years.
Tera Hurst, executive director of the Oregon Health Justice Recovery Alliance, the group that supported Measure 110, said parts of the original bill will remain “intact.”
Much of Measure 110 was funded by the Drug Policy Alliance, a New York-based organization that advocates for drug decriminalization.
Kellen Russoniello, a senior policy councilor for the alliance, said: “For the movement, this is more about what we can learn from this.”
‘I don’t think anyone is saying this is the end. This is a detour.’