'Endless revolving door': Blue state will recriminalize drugs, but one key official is looking for a loophole

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Three years ago, Oregon did away with criminal sanctions for drug possession. But after a surge in overdoses and open-air use, the state is poised to re-criminalize drugs.

Less than three months before Oregon is set to recriminalize drug possession, a handful of Portland-area leaders are drafting a plan in closed-door meetings that critics argue would largely maintain the status quo in the state's most populous county.

"I think the assumption by most people was this was actually going to lead to people actually getting access to treatment as an alternative to arrest, but if they didn’t want treatment, they were going to be arrested," Multnomah County Commissioner Julia Brim-Edwards told KOIN 6 News.

Instead, the proposal, which has not yet been shared publicly, includes "an endless revolving door" and little direct access to treatment, Brim-Edwards said.

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/Fox News Digital)

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Oregonians voted to decriminalize possession of all drugs in 2020 and redirected tens of millions in marijuana tax revenue to fund addiction services. People caught with user amounts of substances like meth and fentanyl could only be given a $100 ticket, which could be waived if they called the treatment hotline listed on the back. Data showed the vast majority of individuals ticketed did not call the hotline or pay the fine.

Open-air drug use and overdose deaths soon skyrocketed — although researchers argue there's no clear connection between decriminalization and overdoses — and numerous polls showed Oregon voters regretted the move and wanted criminal penalties reinstated.

Faced with the overwhelming backlash, lawmakers passed House Bill 4002 in March, creating a new misdemeanor drug possession charge and giving those caught with small amounts of substances like meth and fentanyl a choice: undergo treatment or go to jail for up to six months.

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/Fox News Digital)

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But the bill leaves it to local governments to decide how to implement the law before it takes effect Sept. 1.

In Multnomah County, where Portland is located, County Chair Jessica Vega Pederson is leading that effort, The Oregonian reported.

People caught with drugs would only need to check in at a drop-off center to avoid arrest under the proposal. They would not be required to go through a screening or treatment program, and there would be no limit to how often someone could choose deflection over arrest, according to the paper.

"The reality is that we know people have a better chance of entering recovery the more often they’re introduced to the recovery system and that jail is not the appropriate way to treat individuals," Alicia Temple, a policy advisor to the chair, told the paper.

Pederson is working on 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. The Portland police chief, county sheriff, a judge, treatment providers, a defense lawyer, and a representative of Mayor Ted Wheeler's office are also involved, according to local reports.

A Portland police officer holds a container of suspected fentanyl he found inside a homeless man's tent. (Hannah Ray Lambert/Fox News Digital)

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At least two county commissioners have criticized the proposal and said they've been left in the dark during its development. District attorney-elect Nathan Vasquez shared a similar sentiment, telling KGW he hasn't been invited to the table, and sees major flaws with the plan.

"It's a return to that failed formula," Vasquez said. "And in some cases, you could even say maybe it's worse. I mean, you're looking at a situation where, you know, if it's true that they're going to do unlimited deflections, what message does that send?"

"This is just shuffling them around," Joe Bazeghi, director of engagement at a privately run medical and behavioral health center, told The Oregonian. "We’re just kind of going back to maybe a slightly less harmful version of what we’ve been doing all along."

Portland's neighboring counties appear to have heavier-handed plans for enforcement. Clackamas and Washington county DAs told local media they expect people to comply with treatment requirements and plan to limit the number of times people can opt for deflection.

"It’s our way as a system to say, you know, we really mean it, we really want you to get help and get treatment," Clackamas County District Attorney John Wentworth told The Oregonian.

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