Last week, the Portland City Council unanimously passed a resolution that sets the stage for significant collaborative efforts to tackle the profound impact of public consumption of controlled substances on community safety and public health. This resolution directs the Office of Government Relations to initiate partnerships with other local governments in Oregon and the state legislature, with the aim of finding solutions and securing adequate resources to support alternatives to criminal punishment.
Additionally, the City Council approved an emergency ordinance to extend the prohibition on public consumption to controlled substances, adding to the existing ban on public consumption of alcohol. This new law will go into effect immediately upon authorization by the Oregon Legislature or through court action.
What Does the Resolution Aim to Achieve?
The City Council’s resolution signifies their commitment to addressing the public health crisis stemming from the consumption of dangerous controlled substances, particularly the synthetic opioid, fentanyl. This resolution builds upon earlier discussions and takes inspiration from the passage of HB 2645, a bill increasing penalties for specific amounts of fentanyl possession. The Council aims to work closely with community and legislative partners to find comprehensive legislative solutions to combat this crisis and rally all stakeholders in the fight against the scourge of fentanyl.
Why is a New Law Needed?
While existing laws already criminalize possession of controlled substances, the Council acknowledges a significant gap in effectively addressing the public consumption of such substances. The current framework allows police to take individuals under the influence of controlled substances to sobering and treatment centers or even jail. However, limited treatment facilities and insufficient resources in our already overcrowded jails have left a void in dealing with individuals who have consumed potent substances like fentanyl.
To bridge this gap, a state statute is proposed, focusing on processing cases in jail, mandatory court appearances, state-funded drug evaluations, and channeling individuals into drug treatment or drug courts for long-term supervision. This approach aims to maximize the chances of sustained recovery and improve public safety.
How Would This Impact Measure 110?
The City’s resolution aligns with the voter-approved Measure 110 and seeks to establish a state statute that specifically prohibits the open public consumption of controlled substances while unlocking state resources for drug treatment programs. It complements Measure 110’s focus on decriminalization by emphasizing both regulation and rehabilitation.
Does the Ordinance Criminalize Drugs in Portland?
The City’s revised code, set for Council consideration, would activate immediately upon authorization by the state legislature to prohibit the consumption of controlled substances, including fentanyl, cocaine, heroin, and meth, in public areas such as streets, sidewalks, and other public rights-of-way. Similar to the existing ban on public alcohol consumption, this ordinance aims to address the growing trend of open substance consumption and serves as a contingency plan should state legislation not pass.
When Will This Ordinance Go Into Effect?
The ordinance related to controlled substances will only become effective when one of the following occurs: the state amends ORS 430.402, courts permit cities to ban public consumption, or a state regulatory body makes a similar decision. It will not be enforced until then.
What About Prescription Drugs?
The ordinance applies to prescription drugs when used by individuals other than the ones for whom they were prescribed.
Is the City Investing in Behavioral Health Treatment?
Yes, the City of Portland is actively collaborating with Multnomah County and state leadership on issues related to homelessness, mental health, and addiction. The city has pledged significant funding for sobering, detox, and mental/behavioral health services, demonstrating a commitment to improving access to vital resources.
In addressing the escalating substance abuse issues in the city, the Portland City Council has prioritized the well-being of its community members. Their unanimous decisions today represent a significant step forward in addressing a complex and critical public health concern.
