One Blue state official is searching for a loophole as the state plans to recriminalize drugs.

Local leaders in the Portland area are drafting a plan to recriminalize drugs, despite criticism that it is a return to a failed formula.

One Blue state official is searching for a loophole as the state plans to recriminalize drugs.
One Blue state official is searching for a loophole as the state plans to recriminalize drugs.

In preparation for Oregon's upcoming recriminalization of drug possession, a group of Portland-area leaders are developing a plan in secret, which critics contend will mostly preserve the current situation in the state's largest county.

Multnomah County Commissioner Julia Brim-Edwards stated to KOIN 6 News that most people assumed the program would provide treatment as an alternative to arrest for those who didn't want it, but if they refused treatment, they would still be arrested.

Brim-Edwards stated that the proposal, which has not been made public, contains an "endless revolving door" and minimal direct access to treatment.

Man smokes out of glass pipe on sidewalk
A man smokes meth on the sidewalk in Portland, Oregon, on Jan. 10, 2024. The city has struggled with open-air drug use and dealing in the wake of Measure 110, which decriminalized drug possession. (Hannah Ray Lambert/Planet Chronicle Digital)

In 2020, Oregonians voted to decriminalize drug possession and redirected millions in marijuana tax revenue to fund addiction services. However, data showed that only a small percentage of individuals ticketed for possessing substances like meth and fentanyl called the treatment hotline or paid the fine.

Although researchers claim no direct link between decriminalization and overdoses, open-air drug use and overdose deaths increased in Oregon after decriminalization. Numerous polls revealed that voters regretted the move and desired criminal penalties to be reinstated.

In March, lawmakers enacted House Bill 4002, which established a new misdemeanor drug possession charge and allowed those caught with small quantities of substances like meth and fentanyl to choose between undergoing treatment or serving jail time for up to six months.

Pie chart showing Oregonians' support for re-criminalizing drugs
Lawmakers voted to recriminalize drug possession earlier this year, following a dramatic shift in voter attitudes. Numerous surveys showed Oregonians supported re-criminalizing hard drugs and making treatment mandatory, not voluntary, in order to avoid jail time. (Ramiro Vargas/Planet Chronicle Digital)

The bill allows local governments to decide how to implement the law before it becomes effective on Sept. 1.

In Multnomah County, where Portland is situated, County Chair Jessica Vega Pederson is spearheading the initiative, according to The Oregonian.

Under the proposal, individuals found with drugs would only need to visit a drop-off center to avoid arrest. They would not have to undergo a screening or treatment program, and there would be no restrictions on how frequently someone could opt for deflection instead of legal consequences, as stated in the paper.

Alicia Temple, a policy advisor to the chair, informed the paper that individuals have a higher chance of entering recovery if they are frequently introduced to the recovery system, and that jail is not the most suitable treatment option.

Local reports indicate that the Portland police chief, county sheriff, a judge, treatment providers, a defense lawyer, and a representative of Mayor Ted Wheeler's office are involved in the plan with local leaders, including progressive Multnomah County District Attorney Mike Schmidt, who recently lost his re-election bid to a more moderate challenger.

Portland police officer holding green container with suspected fentanyl
A Portland police officer holds a container of suspected fentanyl he found inside a homeless man's tent. (Hannah Ray Lambert/Planet Chronicle Digital)

Two county commissioners and the district attorney-elect have expressed criticism of the proposal, stating that they have been excluded from its development process.

"Vasquez stated that the return to the failed formula is a cause for concern, as it may even be worse in some cases. Specifically, he questioned the message sent by the unlimited deflections, which could lead to a negative impact on the situation."

"Joe Bazeghi, director of engagement at a privately run medical and behavioral health center, stated to The Oregonian that the changes they were making were merely rearranging them and returning to a less harmful version of their previous actions."

The neighboring counties of Portland have stricter enforcement plans, as stated by Clackamas and Washington county DAs, who expect compliance with treatment requirements and intend to limit the number of times individuals can choose deflection.

John Wentworth, the Clackamas County District Attorney, stated to The Oregonian that as a system, they emphasize the importance of their message, wanting individuals to receive help and treatment.

Multnomah County officials did not immediately respond to a request for comment.

by Hannah Ray Lambert

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