Drug Possession Is No Longer A Felony Offense In Oregon

Updated 17 August 2017 at 6:31 am

Under a new law in Oregon, many people arrested with small amounts of illegal drugs will no longer be subject to felony charges.

Oregon Gov. Kate Brown (D) signed HB 2355 into law this week, effectively downgrading first-time simple drug possession offenses from felonies to misdemeanors, which will now carry a maximum penalty of one year in prison, a $6,250 fine, or both.

Under previous guidelines, possession of any amount of drugs like cocaine or methamphetamine could be punished by up to five years in prison. Possession of substances like heroin or MDMA carried up to 10 years.

HB 2355 applies to people found with any amount of cocaine or methamphetamine under two grams, any amount of heroin under one gram, any amount of oxycodone under 40 pills, any amount of MDMA ― also known as ecstasy ― under one gram or under five pills, and any amount of LSD under 40 units.

The legislation does not change penalties for possession of larger amounts of illicit drugs, considered a commercial drug offense. Felony charges will still be applicable for those with prior felony convictions or with two or more prior convictions for unlawful drug possession.

"Addressing disparities that too often fall along racial and socioeconomic lines should not be political issues," Brown said in a July statement, after the bill was passed. "Here in Oregon, we're demonstrating that we can making meaningful progress to improve the lives of Oregonians by working together around our shared values."

Oregon is the latest state to overhaul its drug laws amid a broader push to promote treatment, rather than diverting low-level users and those suffering from addiction into jails and prisons. In 2014, California voters approved a measure to reclassify most low-level, nonviolent drug offenses as misdemeanors. Other cities and states have scaled back laws on marijuana possession specifically, but have been less receptive to similar proposals regarding harder drugs.

HB 2355 also includes a number of measures designed to address police profiling. The new law requires enforcement agencies to establish written policies and procedures that prohibit profiling by “race, ethnicity, color, national origin, language, gender, gender identity, sexual orientation, political affiliation, religion, homelessness or disability.” It lays groundwork for an educational program to promote equitable policing and mandates that each department set up a process to provide detailed reports of pedestrian and traffic stops, as well as profiling complaints. State officials will then review the data and present their findings to public.

The profiling aspect of HB 2355 was crafted in response to recent reports that revealed widespread racial disparities in Oregon’s criminal justice system. Earlier this year, InvestigateWest, a nonprofit media project, published a review of more than a decade of state court records showing that black and Hispanic state residents were more likely than their white peers to be charged for dozens of types of crimes.

The problem goes beyond the disproportionate targeting of people of color for stops or searches. A study by the Oregon Criminal Justice Commission published last year found that minority offenders also fare more poorly after they’re arrested. In 2015, African-Americans in Oregon were convicted of felony drug possession at more than double the rate of white offenders, while Native Americans were convicted at five times the rate of whites. Despite this imbalance, studies have shown that drug use rates are relatively consistent across racial lines.

A separate study published in 2016 found that more than 9 percent of Oregon’s prison population is African-American, compared to only 1.8 percent of the state’s general population.

“We’ll finally have some sort of statewide mandated data collection that will help us analyze how profiling is happening, who it’s happening to, and making sure then that we have a mechanism to address it if the data shows a pattern of profiling,” said Kayse Jama, executive director of Unite Oregon, a nonprofit advocacy group that campaigned for the bill.

State Sen. Jackie Winters (R), co-chair of the public safety committee, says Oregon has gotten little return on its investment in law enforcement and incarceration to address drug use and addiction.

“We’re spending an awful lot of resources at that end, when sending drug users to treatment is probably a better utilization of dollars rather than giving them a felony rap and sending them to prison,” Winters told HuffPost. “Dealing with scarce resources in public safety, we need to use those resources to go after those individuals who are the cartels and those who are bringing in illegal drugs.”

Winters, the longest-serving African-American woman in Oregon Senate history, carried HB 2355 in the upper chamber, where it passed last month on a largely party-line vote. Although Winters said she’s “seen the lightbulbs go off” in the heads of her Republican colleagues on matters of criminal justice reform in recent years, most of them voted against HB 2355. She said conversations with constituents made it clear that Oregon needed a different approach to the issue of drugs.

“If you get out in the community to see what really is, you will find that the drug user is at every economical level in every society in this country,” said Winters. “People need to get out and see what really is permeating our communities.”

But some of the strongest opposition to HB 2355 came from Democratic state Sen. Betsy Johnson, who likened it to a “hug-a-thug policy” in an interview with The Washington Post.

That sort of rhetoric is increasingly at odds with the thinking of Americans from across the political spectrum, as well as with members of the law enforcement community.

Nearly 75 percent of Oregon voters supported defelonizing simple drug possession, according to a statewide poll conducted earlier this year.

Police officials were also some of HB 2355′s most vocal supporters.

“Too often, individuals with addiction issues find their way to the doorstep of the criminal justice system when they are arrested for possession of a controlled substance,” Kevin Campbell, executive director of the Oregon Association Chiefs of Police, wrote in a letter supporting the bill.

“Unfortunately, felony convictions in these cases also include unintended and collateral consequences including barriers to housing and employment and a disparate impact on minority communities.”

Oregon Gov. Kate Brown (D) has signed a bill effectively downgrading first-time simple drug possession from a felony to a misdemeanor. (Photo: Steve Dipaola/Reuters) — Oregon Gov. Kate Brown (D) has signed a bill effectively downgrading first-time simple drug possession from a felony to a misdemeanor. (Photo: Steve Dipaola/Reuters)

After more than 45 years of the war on drugs, rigid support for “tough-on-crime” drug policy is becoming more of an outlier view in law enforcement, said David Rogers, executive director of the American Civil Liberties Union of Oregon.

“For the most part, they’re not interested in continuing to do the same thing over again, knowing that these strategies don’t really do a damn thing to be able to reduce either the supply or the demand for drugs,” Rogers told HuffPost. “They understand we need to be emphasizing treatment and prevention, and not harsher punishments.”

A study released by the Pew Charitable Trusts in June found that imprisoning people for drug offenses has no measurable effect on public safety, overdose deaths or self-reported drug use. In a letter accompanying the report, Adam Gelb of Pew urged President Donald Trump’s opioid commission not to return to failed drug policies of the past, amid Attorney General Jeff Sessions’ promises to “get tough again” on drugs and crime.

Although Rogers believes HB 2355 will significantly change the way low-level drug offenses affect people’s lives in Oregon, he noted that the new law is substantially different from decriminalization efforts in some other nations. In Portugal, for example, low-level drug offenders get a citation and an order to appear before a panel of legal, social and psychological experts, who can turn to a variety of alternatives to incarceration. By most metrics, the system has been highly successful.

A similar policy may eventually make sense in Oregon, said Rogers. But for now, he’s happy his state has stepped away from the enforcement-first status quo while recognizing the inequities it has presented.

“There is a strong argument for decriminalization, but we’re not at that point politically,” said Rogers. “Moving it to a misdemeanor is a recognition that there needs to be some accountability, but at the same time, we want to be able to help people rebuild their lives.”

CORRECTION: A previous version of this story misstated to whom Gelb’s letter was addressed.

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Because Most Americans Are Unenthusiastic About It

Only 7 percent of Americans think the United States is <a href="http://www.rasmussenreports.com/public_content/lifestyle/general_lifestyle/november_2012/7_think_u_s_is_winning_war_on_drugs">winning the war on drugs</a>, and few Americans are interested in throwing down more money to try to win, according to a Rasmussen Reports poll released in 2012. — Only 7 percent of Americans think the United States is winning the war on drugs, and few Americans are interested in throwing down more money to try to win, according to a Rasmussen Reports poll released in 2012.

Because The U.S. Won't Control The Flow Of Guns Into Latin America

<a href="http://www.huffingtonpost.com/2012/06/01/mexico-guns-arturo-sarukhan-us-weapons-mexico-violence-gun-rights_n_1563250.html">Mexican authorities seized almost 70,000 weapons of U.S. origin</a> from 2007 to 2011. In 2004, the U.S. Congress declined to renew a 10-year ban on the sale of assault weapons. They quickly became the guns of choice for Mexican drug cartels. Some 60,000 people have died in Mexico since President Felipe Calderón launched a military assault on the cartels in 2006. — Mexican authorities seized almost 70,000 weapons of U.S. origin from 2007 to 2011. In 2004, the U.S. Congress declined to renew a 10-year ban on the sale of assault weapons. They quickly became the guns of choice for Mexican drug cartels. Some 60,000 people have died in Mexico since President Felipe Calderón launched a military assault on the cartels in 2006.

Because The United States Leads The Hemisphere In Drug Consumption

Americans have the <a href="http://www.feinstein.senate.gov/public/index.cfm/files/serve/?File_id=81b53476-64a3-4088-9bae-254a84b95ddb">highest rate of illegal drug consumption in the world</a>, according to the National Survey on Drug Use and Health. — Americans have the highest rate of illegal drug consumption in the world, according to the National Survey on Drug Use and Health.

Because The U.S. Ignores Latin American Calls For A Rethinking Of Drug Policy

Several current and former Latin American presidents, like Fernando Henrique Cardoso, have <a href="http://www.globalcommissionondrugs.org/">urged the United States to rethink its failed war on drugs</a>, to no avail. — Several current and former Latin American presidents, like Fernando Henrique Cardoso, have urged the United States to rethink its failed war on drugs, to no avail.

Because Of The Fast And Furious Scandal

In an attempt to track guns as they moved across the U.S.-Mexico border, the Bureau of Alcohol, Tobacco and Firearms <a href="http://www.latimes.com/news/nationworld/nation/atf-fast-furious-sg,0,3828090.storygallery">allowed smugglers to purchase weapons</a>. The ATF lost track of the guns and they wound up in the hands of drug cartels -- even as <a href="http://latino.foxnews.com/latino/news/2012/09/11/atf-fast-and-furious-guns-appear-in-colombia/">far south as Colombia</a>. — In an attempt to track guns as they moved across the U.S.-Mexico border, the Bureau of Alcohol, Tobacco and Firearms allowed smugglers to purchase weapons. The ATF lost track of the guns and they wound up in the hands of drug cartels -- even as far south as Colombia.

Because American Politicians Refuse To Candidly Lead A Debate On Reforming Our Laws

Though the subject of marijuana legalization regularly ranks among the most popular at the digital town halls President Obama takes part in, he <a href="http://www.rawstory.com/rs/2011/07/06/askobama-twitter-town-hall-ignores-flood-of-marijuana-legalization-questions/">declines to address the issue</a> or give it a <a href="http://latimesblogs.latimes.com/technology/2009/03/obama-addresses.html">thoughtful answer</a>. Incidentally, a younger Obama <a href="http://www.wusa9.com/news/article/229756/82/We-Need-To-Decriminalize-Our-Marijuana-Laws----Barack-Obama">supported marijuana decriminalization and a rethinking of the drug war</a>. — Though the subject of marijuana legalization regularly ranks among the most popular at the digital town halls President Obama takes part in, he declines to address the issue or give it a thoughtful answer. Incidentally, a younger Obama supported marijuana decriminalization and a rethinking of the drug war.

Because The U.S. Tortures Detainees In Cuba

Almost 800 prisoners accused of terrorism have have been held at the <a href="http://www.hrw.org/news/2012/01/06/guantanamo-ten-years">U.S. military prison of Guantánamo</a>, Cuba, where they are detained indefinitely without facing trial. The United States has drawn international criticism from human rights defenders for subjecting the detainees there to torture and other cruel treatment. The Cuban government opposes hosting the U.S. naval base on its soil. — Almost 800 prisoners accused of terrorism have have been held at the U.S. military prison of Guantánamo, Cuba, where they are detained indefinitely without facing trial. The United States has drawn international criticism from human rights defenders for subjecting the detainees there to torture and other cruel treatment. The Cuban government opposes hosting the U.S. naval base on its soil.

Because The U.S. Has The World's Largest Prison Population

The United States has <a href="http://www.prb.org/Articles/2012/us-incarceration.aspx">the world's largest prison population</a> by far -- largely fed by the war on drugs -- at 500 per 100,000 people. — The United States has the world's largest prison population by far -- largely fed by the war on drugs -- at 500 per 100,000 people.

Because The U.S. Jails Undocumented Immigrants Guilty Of Civil Violations

Because the United States <a href="http://www.detentionwatchnetwork.org/ExposeAndClose">imprisons roughly 400,000 immigrants</a> each year on civil violations. — Because the United States imprisons roughly 400,000 immigrants each year on civil violations.

Because The Border Patrol Kills Kids Who Throw Rocks

The U.S. Border Patrol has come under fire for <a href="http://www.huffingtonpost.com/2012/10/26/border-patrol-killing-un_n_2018731.html">killing minors who were throwing rocks</a>. — The U.S. Border Patrol has come under fire for killing minors who were throwing rocks.

Because The U.S. Recognized An Illegal Government In Venezuela

When opponents of leftwing Venezuelan President Hugo Chávez briefly ousted him in 2002, the United States not only failed to condemn the coup, it <a href="http://www.nytimes.com/2002/04/16/world/bush-officials-met-with-venezuelans-who-ousted-leader.html">praised the coup leaders</a>. — When opponents of leftwing Venezuelan President Hugo Chávez briefly ousted him in 2002, the United States not only failed to condemn the coup, it praised the coup leaders.

Because U.S. Extradition Undermines Justice In Colombia

When Colombia demobilized the largest rightwing paramilitary organization in 2006, if offered lenient sentences to those who would offer details on the atrocities the AUC committed. But rather than facing justice in their home country, <a href="http://www.propublica.org/article/colombian-paramilitaries-extradited-to-u.s.-where-cases-are-sealed">Colombia has extradited several paramilitary leaders to the United States</a> to face drug trafficking charges -- marking it harder for people like Bela Henríquez to find out the details surrounding the murders of their loved ones. "More than anger, I feel powerless," Henriquez, whose father, Julio, was kidnapped and killed on the orders of one defendant, told ProPublica. "We don't know what they are negotiating, what conditions they are living under. What guarantee of justice do we have?" — When Colombia demobilized the largest rightwing paramilitary organization in 2006, if offered lenient sentences to those who would offer details on the atrocities the AUC committed. But rather than facing justice in their home country, Colombia has extradited several paramilitary leaders to the United States to face drug trafficking charges -- marking it harder for people like Bela Henríquez to find out the details surrounding the murders of their loved ones. "More than anger, I feel powerless," Henriquez, whose father, Julio, was kidnapped and killed on the orders of one defendant, told ProPublica. "We don't know what they are negotiating, what conditions they are living under. What guarantee of justice do we have?"

Because The U.S. Helped Create Today's Cartels

The U.S funded the Guatemalan military during the 1960s and 1970s anti-insurgency war, despite awareness of widespread human rights violations. Among the recipients of U.S military funding and training were the Kaibiles, a special force unit responsible for several massacres. Former <a href="http://ghrc-usa.org/Publications/factsheet_kaibiles.pdf" target="_hplink">Kaibiles have joined the ranks of the Zetas drug cartel</a>. — The U.S funded the Guatemalan military during the 1960s and 1970s anti-insurgency war, despite awareness of widespread human rights violations. Among the recipients of U.S military funding and training were the Kaibiles, a special force unit responsible for several massacres. Former Kaibiles have joined the ranks of the Zetas drug cartel.

Because The U.S. Backed An Argentine Military Dictatorship That Killed 30,000 People

The rightwing military dictatorship that took over Argentina in 1976 "disappeared" some 30,000 people, according to estimates by several human rights organizations. They subjected countless others to sadistic forms of torture and stole dozens of babies from mothers they jailed and murdered. The military junta carried out the so-called "Dirty War" with the <a href="http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB104/index.htm">full knowledge and support of the Nixon administration</a>. — The rightwing military dictatorship that took over Argentina in 1976 "disappeared" some 30,000 people, according to estimates by several human rights organizations. They subjected countless others to sadistic forms of torture and stole dozens of babies from mothers they jailed and murdered. The military junta carried out the so-called "Dirty War" with the full knowledge and support of the Nixon administration.

Because The U.S. Helped Topple The Democratically Elected Government Of Salvador Allende

When it became clear that socialist Salvador Allende would likely win the presidency in Chile, U.S. President Richard Nixon told the CIA to "make the economy scream" in order to "prevent Allende from coming to power or to unseat him," <a href="http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB8/nsaebb8i.htm">according to the National Security Archive</a>. Augusto Pinochet overthrew Allende in a bloody coup on Sept. 11, 1973, torturing and disappearing thousands of his political rivals with the backing of the U.S. government. — When it became clear that socialist Salvador Allende would likely win the presidency in Chile, U.S. President Richard Nixon told the CIA to "make the economy scream" in order to "prevent Allende from coming to power or to unseat him," according to the National Security Archive. Augusto Pinochet overthrew Allende in a bloody coup on Sept. 11, 1973, torturing and disappearing thousands of his political rivals with the backing of the U.S. government.

Because the U.S. Backed A Military Coup In Brazil In 1964

The Brazilian military overthrew the democratically elected government of João Goulart in 1964, with the <a href="http://www.gwu.edu/~nsarchiv/NSAEBB/NSAEBB118/index.htm">enthusiastic support of President Lyndon Johnson</a>, ushering in two decades of repressive government. — The Brazilian military overthrew the democratically elected government of João Goulart in 1964, with the enthusiastic support of President Lyndon Johnson, ushering in two decades of repressive government.

Because The U.S. Funded A Terrorist Group In Nicaragua

The Reagan administration funded the Contra rebels against the Marxist Sandinista government in Nicaragua. Regarded by many as terrorists, <a href="http://articles.latimes.com/1985-03-08/news/mn-32283_1_contras">the Contras murdered, tortured and raped civilians</a>. When human rights organizations reported on the crimes, the Reagan administration accused them of working on behalf of the Sandinistas. — The Reagan administration funded the Contra rebels against the Marxist Sandinista government in Nicaragua. Regarded by many as terrorists, the Contras murdered, tortured and raped civilians. When human rights organizations reported on the crimes, the Reagan administration accused them of working on behalf of the Sandinistas.

Because The U.S. Helped Finance Atrocities In Colombia

Through Plan Colombia, the U.S. has pumped over $6 billion into Colombia's military and intelligence service since 2002. The intelligence service has been disbanded for <a href="http://www.washingtonpost.com/national/national-security/us-aid-implicated-in-abuses-of-power-in-colombia/2011/06/21/gIQABrZpSJ_story.html">spying on the Supreme Court and carrying out smear campaigns</a> against the justices, as well as journalists, members of Congress and human rights activists. The military faces numerous allegations of human rights abuse, including the practice of killing non-combatants from poor neighborhoods and dressing them up as guerrillas to inflate enemy casualty statistics. — Through Plan Colombia, the U.S. has pumped over $6 billion into Colombia's military and intelligence service since 2002. The intelligence service has been disbanded for spying on the Supreme Court and carrying out smear campaigns against the justices, as well as journalists, members of Congress and human rights activists. The military faces numerous allegations of human rights abuse, including the practice of killing non-combatants from poor neighborhoods and dressing them up as guerrillas to inflate enemy casualty statistics.

Because The U.S. Maintains A Trade Embargo Against Cuba Despite Opposition From The Entire World

For 21 years, the <a href="http://news.yahoo.com/u-n-urges-end-u-cuba-embargo-21st-192516276.html">U.N. has condemned the U.S. embargo against Cuba</a> and for 21 years the United States has ignored it. Some 188 nations voted against the embargo this year, with only the U.S. itself, Israel, Palau opposing. — For 21 years, the U.N. has condemned the U.S. embargo against Cuba and for 21 years the United States has ignored it. Some 188 nations voted against the embargo this year, with only the U.S. itself, Israel, Palau opposing.

Because The U.S. Engineered A Coup Against The Democratically Elected Government Of Guatemala In 1954

At the behest of United Fruit Company, a U.S. corporation with extensive holdings in Central America, the CIA helped engineer the overthrow of the Guatemalan government in 1954, ushering in decades of civil war that resulted in the loss of hundreds of thousands of lives.

Because The U.S. Backed The Salvadoran Military As It Committed Atrocities In The 1980s

El Salvador's military <a href="http://www.pbs.org/itvs/enemiesofwar/elsalvador2.html">committed atrocities throughout the 1980s with U.S. funding</a>. — El Salvador's military committed atrocities throughout the 1980s with U.S. funding.

Because The U.S. Invaded Haiti and Occupied It For Almost 20 Years

Woodrow Wilson ordered the Marines to <a href="http://history.state.gov/milestones/1914-1920/Haiti">invade and occupy Haiti in 1915</a> after the assassination of the Haitian president. The troops didn't leave until 1934. — Woodrow Wilson ordered the Marines to invade and occupy Haiti in 1915 after the assassination of the Haitian president. The troops didn't leave until 1934.

Because The U.S. Invaded Haiti Again In 1994

One invasion wasn't good enough. The U.S. <a href="http://wws.princeton.edu/research/cases/haiti.pdf">military returned in 1994</a>. — One invasion wasn't good enough. The U.S. military returned in 1994.

Because The U.S. Trained Military Leaders Who Committed Atrocities In Latin America

The School of the Americas in Ft. Benning, Georgia, trained soldiers and generals responsible for massacres and torture of tens of thousands of Latin Americans, <a href="http://www.aljazeera.com/programmes/insidestoryamericas/2012/09/201292081054585410.html">according to Al Jazeera</a>. — The School of the Americas in Ft. Benning, Georgia, trained soldiers and generals responsible for massacres and torture of tens of thousands of Latin Americans, according to Al Jazeera.

Because The U.S. Backed Dictator Rafael Trujillo

Rafael Trujillo Sr. (Photo by Hank Walker//Time Life Pictures/Getty Images)

Because The U.S. Invaded Cuba And Undermined The Island's Independence

The so-called "Spanish-American War" began in 1868 with the first of a series of three wars for Cuban independence. In 1898, the U.S. got involved, invading Cuba and occupying the island after forcing Spain to give it. The United States then forced Cuba to <a href="http://www.ourdocuments.gov/doc.php?flash=true&doc=55">accept the odious Platt Amendent to its Constitution</a>, which allowed the United States to intervene in the country militarily and established the U.S. military base at Guantánamo. — The so-called "Spanish-American War" began in 1868 with the first of a series of three wars for Cuban independence. In 1898, the U.S. got involved, invading Cuba and occupying the island after forcing Spain to give it. The United States then forced Cuba to accept the odious Platt Amendent to its Constitution, which allowed the United States to intervene in the country militarily and established the U.S. military base at Guantánamo.

Because The U.S. Colonized Puerto Rico

As long as you're invading Cuba, <a href="http://www.history.com/this-day-in-history/puerto-rico-invaded">why not take Puerto Rico</a> as well? The United States invaded in 1898 and the island remains a U.S. territory today. — As long as you're invading Cuba, why not take Puerto Rico as well? The United States invaded in 1898 and the island remains a U.S. territory today.

This article originally appeared on HuffPost.