Portland Mayor Ted Wheeler will present an ordinance to the Portland City Council on June 28, 2023, that seeks to update Portland’s Public Order and Policy Code. The proposed changes aim to include the consumption of controlled substances in the existing city ordinance, which already prohibits the public consumption of alcohol. This move comes in response to the growing substance abuse problems plaguing the city, with an alarming increase in suspected overdose deaths and illicit drug use disorders.
The proposed ordinance stems from concerns over the surge in substance abuse issues within the city. According to data from the National Survey on Drug Use and Health, Oregon currently ranks first in the nation for adults and teens reporting an illicit drug use disorder in the past year. Mayor Wheeler emphasizes that this issue not only poses risks to public health but also compromises public safety.
The ordinance is a response to the legal gray area created by Measure 110, which decriminalized the personal possession of controlled substances in Oregon. While Measure 110 focuses on decriminalization, the proposed city ordinance aims to address the consumption of controlled substances on public property. It seeks to align the regulation of controlled substances with the existing regulations on alcohol consumption in public spaces.
The amended city code would make it illegal to consume controlled substances, including dangerous drugs like fentanyl, cocaine, heroin, and meth, on public property, streets, sidewalks, and public rights-of-way. The definition of “consume” within the ordinance includes injecting, ingesting, inhaling, or otherwise introducing controlled substances into the human body.
“This ordinance would amend our public consumption of alcohol ordinance to include controlled substances and outline clear and familiar expectations,” said Wheeler. “This is a commonsense approach. We must make it clear that people cannot use drugs in public spaces. I appreciate that this ordinance has support from the Portland Police Bureau and the Multnomah County District Attorney’s office, and it will take all of us working together to make the kind of systemic change our city needs.
To address frequently asked questions and concerns regarding the proposed ordinance, the city has provided some clarifications. The ordinance does not criminalize drugs in Portland but prohibits their consumption in public spaces. It does not apply to prescription drugs if they are prescribed to the person using them. Moreover, individuals witnessing someone consuming drugs in public spaces are encouraged to call 311 for non-emergency reporting, reserving 911 for immediate life or safety concerns.
The City of Portland acknowledges that enforcement of the ordinance will require collaboration with public safety partners, such as the Multnomah County Sheriff’s Office. The Portland Police Bureau is committed to utilizing its resources to enforce the ordinance, prioritizing high-risk violations. Alternative approaches to criminal punishment will be considered whenever practical when enforcing the City Code.
While the proposed ordinance is seen as an immediate response to the substance abuse crisis, the City of Portland is also investing in behavioral health treatment and collaborating closely with Multnomah County to address homelessness, mental/behavioral health, and addiction. The city is committed to expanding resources for sobering, detox, and mental/behavioral health services.
Wheeler expressed his appreciation for the support of the Portland Police Bureau and the Multnomah County District Attorney’s office for the proposed ordinance. He stressed the need for a collaborative effort to make systemic changes to ensure the safety and well-being of the city.
The ordinance will be reviewed by the Portland City Council on June 28, 2023. If passed, it will become effective immediately, addressing the pressing impacts on public health, safety, and welfare caused by the open consumption of controlled substances in public spaces.
