Lawmakers from the Democratic party in Oregon presented a comprehensive new proposal on Tuesday that would reverse an important aspect of the state’s pioneering drug decriminalization law. This is an acknowledgement that the general sentiment towards the law has shifted, as the fentanyl crisis has led to widespread public drug consumption.

The proposed legislation would make possessing small quantities of drugs a minor criminal offense again, allowing law enforcement to seize them and enforce stricter measures against their use in public spaces like sidewalks and parks. The bill also seeks to simplify the prosecution of drug dealers, provide easier access to medication for addiction treatment, and prevent discrimination against individuals using this medication when obtaining and maintaining housing.

State Senator Kate Lieber, a Democrat from Portland, expressed that the proposed solution is a compromise, but also the most effective policy for ensuring the safety of communities and preserving lives. She shared this with The Associated Press.

In 2020, voters approved Measure 110, a groundbreaking law that decriminalized certain actions. The law received 58% support. However, Democratic lawmakers who advocated for the law to address addiction as a health issue rather than a criminal one are now facing a significant increase in overdose deaths. They are also facing pressure from Republicans and a well-funded campaign group to make changes to the law.

The effectiveness of the law in addressing the state’s increasing number of overdose deaths cannot be determined at this point, according to researchers. Advocates of the law argue that the previous strategy of arresting individuals for drug possession and use has been unsuccessful over the past few decades.

In February, Lieber and fellow Democrats on the new addiction committee will introduce a bill addressing the state’s drug crisis. The committee was formed in response to concerns over the issue and has held hearings and gathered input from law enforcement and experts on the effectiveness of current laws. The Legislature adjourned for the summer, but reconvened due to ongoing concerns about the crisis.

Measure 110 directed the state’s cannabis tax revenue toward drug addiction treatment while decriminalizing “personal use” 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.

Individuals found with small quantities may have their citation waived by contacting a 24-hour hotline and undergoing an addiction evaluation within 45 days. However, those who do not complete the screening will not face consequences for not paying the fine.

According to state auditors, in the year following the implementation of the law in February 2021, only 1% of individuals who were cited for possession sought assistance through the hotline. From June of last year until now, the hotline has received an average of 10 calls per month regarding citations.

Critics of the legislation argue that it has not effectively encouraged individuals to seek medical care, a concern that the proposed new bill aims to resolve.

The specifics of the measure are still being determined, however, possessing illegal drugs for personal use would be considered a misdemeanor and could result in up to 30 days in jail or a fine of $1,250. This bill would not change the legalization of cannabis or psychedelic mushrooms in Oregon.

Individuals who are apprehended for possessing small quantities of substances will be directed by law enforcement to a peer support expert in order to arrange an evaluation or intervention. Should the individual attend the scheduled meeting, they will not face charges. However, if they do not attend, the case may be referred to the district attorney’s office.

If the person is charged, they may be able to avoid imprisonment by complying with specific probation requirements, or by having their case transferred to a drug court where they can receive treatment instead of being incarcerated.

Lieber stated that they are working on providing individuals with alternatives, while also implementing a certain level of responsibility in the system.

The GOP representatives expressed dissatisfaction with the proposed legislation, stating that it did not have sufficient reach. They pushed for compulsory rehabilitation and for possession of drugs for personal use to be considered a more serious misdemeanor, carrying a potential punishment of up to one year in jail or a fine of $6,250.

In a statement, State Representative Kevin Mannix stated that a class C misdemeanor only carries a maximum of 30 days in jail, which is not sufficient to properly address addiction.

Organizations advocating for Oregon’s decriminalization law were against the suggestion to recriminalize “personal use” possession.

Tera Hurst, executive director of the Health Justice Recovery Alliance, suggests that imposing criminal penalties is not necessary. Instead, investing in and providing proper services is crucial. According to Hurst, criminalization is not an effective means of getting individuals into treatment and can actually cause more harm than good.

The proposed legislation aims to simplify the prosecution of individuals involved in drug trafficking and strengthen punishments for those who sell drugs in parks, near homeless shelters, and substance abuse treatment facilities.

The proposed legislation also seeks to increase availability of therapy, specifically medications used for addressing opioid dependency. This would permit physicians to prescribe the medication without prior authorization or evaluation from insurance providers, and simplify the process for pharmacists to refill prescriptions in urgent circumstances.

Furthermore, it would broaden fair housing regulations to safeguard individuals who are prescribed medication from facing discrimination when seeking to maintain or enter long-term living arrangements, such as permanent supportive housing for those transitioning out of homelessness.

Legislators will only have a 35-day window to approve the legislation after the start of the legislative session on February 5th.