Three years after decriminalizing drug possession, Oregon is set to re-criminalize the offense due to a surge in overdoses and rampant public drug use. People caught with drugs in Portland during certain hours will face arrest and potential jail time while a deflection center for low-level offenses is being established.
Oregon, a state renowned for its progressive policies, is grappling with a grim reality. After pioneering the nation's first drug decriminalization law in 2021, the state has witnessed a troubling escalation in overdose deaths and public drug use, prompting a reversal in its stance. Effective September 1, 2023, Oregon will re-criminalize drug possession, marking a significant shift in its approach to substance use.
The decision to re-criminalize drugs stems from alarming overdose statistics. According to the Centers for Disease Control and Prevention (CDC), overdose deaths in Oregon surged from 800 in 2020 to approximately 1,400 in 2022. The sharp increase has raised concerns about the adequacy of the decriminalization strategy and its potential unintended consequences.
Oregon's Drug Crisis: Re-criminalization Looms Amidst Soaring Overdoses and Open-Air Use
In addition to the rise in overdoses, Oregon has also experienced a proliferation of open-air drug use, particularly in urban areas like Portland. The sight of people openly injecting drugs or smoking fentanyl on sidewalks and in public spaces has become commonplace, alarming residents and businesses alike. The situation has created a public safety crisis and fueled calls for a return to stricter enforcement measures.
The re-criminalization law, signed by Democratic Governor Tina Kotek, creates a new misdemeanor charge for drug possession. Individuals caught with small amounts of substances such as meth and fentanyl will have the choice between undergoing treatment or facing up to six months in jail. The law also establishes state-funded deflection programs to provide resources and support for those struggling with addiction.
Oregon's Drug Crisis: Re-criminalization Looms Amidst Soaring Overdoses and Open-Air Use
However, a shortage of nurses has delayed the opening of Multnomah County's deflection center until mid-October at the earliest. As a temporary measure, the county will deploy mobile outreach specialists alongside police to connect people with services. However, these specialists are only available during limited hours, from 8 a.m. to 8 p.m. during the week, leaving a gap in coverage after hours.
The asymmetry in consequences for people caught with drugs outside of the designated hours has raised concerns among legal experts. Multnomah County Circuit Judge Michael Greenlick expressed reservations about the disparate treatment, calling it "very problematic from a basic equal protection or fairness standpoint."
Oregon's Drug Crisis: Re-criminalization Looms Amidst Soaring Overdoses and Open-Air Use
The Portland Police Bureau, already facing staffing shortages and slow response times, is also grappling with how to handle drug arrests during the hours when peer specialists are unavailable. Police Chief Bob Day acknowledged the need to establish a reasonable waiting period for the specialists' arrival, taking into account both the rights of individuals and case law.
Decriminalization advocates maintain that the increase in overdoses is not unique to Oregon and can be attributed to factors such as the COVID-19 pandemic, social isolation, and the widespread availability of fentanyl. They argue that re-criminalization will not effectively address the root causes of addiction and may even lead to negative consequences, such as increased stigma, arrests, and incarceration.
Oregon's Drug Crisis: Re-criminalization Looms Amidst Soaring Overdoses and Open-Air Use
Nationwide, overdose deaths declined slightly in 2022, while Oregon, Washington, and Alaska experienced a concerning increase of nearly 30%. The majority of fatal overdoses in Oregon are now linked to fentanyl, a highly potent synthetic opioid that is often mixed with other drugs.
The re-criminalization of drug possession in Oregon signals a potential shift in the state's progressive stance towards substance use. The law reflects the growing recognition that decriminalization alone is not a sufficient response to the complex challenges of drug addiction and that a balanced approach that includes both enforcement and harm reduction measures is necessary to effectively address the crisis.
