Oregon is set to revert its pioneering drug decriminalization law with a fresh proposal passed by the state Senate. This would reintroduce criminal consequences for possessing small amounts of certain substances.

In 2021, a new law was implemented that legalized the possession and personal use of all drugs, such as heroin, methamphetamine, LSD, and oxycodone, even in small quantities.

Some individuals advocating for the modification of the law argue that it is necessary in order to tackle the overdose crisis the state is facing. However, critics argue that it reverts back to an ineffective method and may even infringe upon civil liberties.

This examines the potential impact on the handling of drug possession cases by law enforcement and prosecutors in the state.

If Gov. Tina Kotek agrees and signs the measure, which she has shown she is willing to do, the decision made on Friday would reinstate sanctions for possessing illegal substances such as cocaine, fentanyl, heroin, and methamphetamine.

Possession of marijuana, which is now legal for both medical and recreational purposes in the state, would remain unchanged.

The measure does not prohibit the regulated use of psylocibin mushrooms, which was approved by voters in 2020 for therapeutic purposes.

The law would enforce prison terms of up to half a year for possession of small quantities, and authorities would have the authority to seize illegal substances and prevent their consumption in parks and on sidewalks.

The policy promotes law enforcement and prosecutors to direct individuals who have been arrested or cited for possession to treatment programs rather than incarceration. Furthermore, the policy permits those convicted of possession to have their criminal record cleared in the future.

Oregon is experiencing one of the largest spikes in drug overdose deaths, and a 2023 audit report said the state has the second-highest rate of substance use disorder in the nation while also ranking 50th for treatment access.

The decriminalization law has faced criticism and pressure from Republicans, leading to efforts to amend it. A heavily funded campaign has been launched to make the statute even less strict.

According to researchers, it is currently too early to conclude whether the decriminalization measure played a role in the rise of overdoses.

Those who oppose recriminalization argue that it returns to an unsuccessful, outdated method of arresting individuals for simply possessing and using even small quantities of drugs.

There are concerns that this will have a greater effect on those dealing with drug dependency and emphasizes punishment instead of rehabilitation. Those opposed have also voiced that it will add to the workload of public defenders.

The legislation worsens the difficulties for people struggling with addiction, with a particular impact on Black and brown citizens of Oregon and those without housing, according to a statement from Gloria Ochoa-Sandoval, policy director of Unite Oregon and released by a coalition of organizations against the law.