Portland Mayor Ted Wheeler has balked at introducing a ban on public drug use. The liberal mayor felt that his proposal would have violated state law. He us pointing to an older state law which bars the city from creating its own ban. The decades-old law explicitly states that “a political subdivision in this state shall not adopt or enforce any local law or regulation” that makes “using cannabis or controlled substances in public” a crime.
Drug use is a big issue. Leaders want to get a handle on it. Fentanyl overdose deaths, for instance, have skyrocketed in Oregon, and across the country in recent years. That drug has become cheaper and more accessible. This increase along with the rollout of Measure 110 gives people the option of receiving a fine or calling a hotline to be screened for substance abuse disorder if they are stopped for using drugs in public. It is a harm reduction approach.
The mayor’s proposed policy would have criminalized the consumption of illicit drugs in public areas. Under current state law, possession of a small amount of illicit drugs is treated as a civil violation. It has moved addiction a step away from the criminal justice approach. Public drug use now is not a criminal offense. This is state law created by the voter-passed Measure 110.
Mayor Wheeler stated, “Use of illicit drugs in public spaces — especially dangerous and highly deadly substances like fentanyl — create significant public safety and public health issues in Portland. While Measure 110 has challenged the way cities across the state address drug use, I believe the City of Portland has an obligation to do what we can to protect our community now.”
Wheeler did not want to be viwed as soft of oubluc drug use. He went the route that his hands are tied due to thecwill of the vorer under the new law. He continued to push his thoughts that a proposed ban would have “undoubtedly” been challenged in court due to this state law. Wheeler mentioned his support for a new state bill that will address his concerns with Measure 110. House Bill 2645, makes it a criminal misdemeanor to possess one gram or more or five or more pills of any substance containing fentanyl, a synthetic opioid. This type of “Class A” misdemeanor comes with up to a year in jail or a $6,250 fine.
