The blue city's drug recriminalization plan includes imprisonment for suspects caught during nighttime or weekends.

The implementation of recriminalizing drugs in Oregon on Sept. 1 is complicated due to the lack of deflection centers in Portland.

The blue city's drug recriminalization plan includes imprisonment for suspects caught during nighttime or weekends.
The blue city's drug recriminalization plan includes imprisonment for suspects caught during nighttime or weekends.

Starting next week, individuals found with drugs in Portland, Oregon, during the hours of 8 p.m. to 8 a.m. on weekends will be arrested and taken to jail, as per police.

The Oregonian reported Monday that Multnomah County is temporarily offering treatment instead of jail for people suspected of low-level drug possession until a deflection center is established to provide this option on Sept. 1 when drugs are recriminalized.

Despite being the first in the country to decriminalize drugs, Oregon's law faced opposition due to rising overdose deaths and widespread drug use, as shown by numerous polls.

Man smokes out of glass pipe on sidewalk
A man smokes on the sidewalk in Portland, Oregon, on Jan. 10, 2024. The northwest state is set to recriminalize possession of small amounts of drugs on Sept. 1, giving suspects the choice between participating in a deflection program or going to jail for up to six months.  (Hannah Ray Lambert/Planet Chronicle Digital)

In the spring, Gov. Tina Kotek signed a bill that established a new misdemeanor drug possession charge and gave those caught with small quantities of substances like meth and fentanyl a choice: receive treatment or be incarcerated for up to six months. Treatment entails a behavioral health assessment and participation in state-funded deflection programs.

The opening of Multnomah County's deflection center has been delayed until at least mid-October due to a shortage of nurses, according to local reports.

Instead of police, the county will deploy mobile outreach specialists to refer those caught with drugs to services. However, these peer specialists are only available from 8 a.m. to 8 p.m. during the week, according to The Oregonian.

At a public safety meeting on Monday, Portland Police Chief Bob Day stated that individuals contacted outside of specified hours would be taken to jail, according to the outlet's report.

Crisis in the Northwest: ‘Killing the mentally ill for a dollar a pill’

Circuit Judge Michael Greenlick raised concerns about the disparate outcomes for individuals during non-business hours, stating it as "problematic from a fundamental standpoint of equal protection and fairness."

"Greenlick stated at the meeting, as reported by The Oregonian, that if you have an interaction at 7:55 (p.m.), you will be out for deflection, but if it's at 8:05 (p.m.), you will be brought into the court system."

The police bureau is grappling with staffing issues and slow response times, and is now trying to determine how long to wait for peer specialists to arrive during weekdays.

At the meeting, Day stated that discussions were taking place regarding a reasonable waiting time for behavioral health specialists to arrive, considering the perspectives of both officers and individuals, as well as case law, such as how long it is acceptable to keep someone in handcuffs or in the backseat of a police car.

Inside of homeless woman's tent with needles, foil, DVD case and other items
A woman sits inside her tent alongside syringes, a pipe, foil and other drug paraphernalia in Portland, Oregon, in July 2023.  (Hannah Ray Lambert/Planet Chronicle Digital)

The number of overdose deaths in Oregon increased from 800 in 2020 to approximately 1,400 in 2022, according to data from the Centers for Disease Control and Prevention. Decriminalization proponents argue that the surge in fatal overdoses occurred nationwide, starting in early 2020, and was caused by isolation and despair during the coronavirus pandemic.

Despite a nationwide decline in overdose deaths last year, Oregon, Washington, and Alaska experienced a nearly 30% increase.

According to Oregon health data, fentanyl is now the primary cause of fatal overdoses.

by Hannah Ray Lambert

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