PORTLAND, Ore. — After releasing the details last week of a proposal to criminalize public drug use in Portland, Mayor Ted Wheeler announced Tuesday that he will not introduce the new ordinance after all.
In a statement, Wheeler reasoned that a bill passed by the Oregon Legislature late last week, House Bill 2645, would give Portland police the tools to "better address open drug use in our city" without needing a ban on drug use itself.
HB 2645 establishes criminal penalties for possession of fentanyl. However, it does not represent a departure from Measure 110, which made possession of small quantities of drugs punishable with a $100 citation that can be waived if the recipient makes an effort to seek treatment.
Under Measure 110, drug possession over a certain quantity remains a criminal offense. For example, possession of a gram or more of heroin is a Class A misdemeanor.
The new bill simply adds fentanyl to the list of drugs regulated by Oregon law, making possession of a gram or more of fentanyl — or five individual doses — a Class A misdemeanor, similar to heroin. Amounts less than a gram still yield a citation as prescribed by Measure 110.
Penalties for Class A misdemeanors carry a potential sentence of up to 364 days in jail, a fine of up to $6,250, or both.
"In consultation with local law enforcement and our City Attorney, we believe that HB 2645 addresses our primary concerns about the public health crisis unfolding on our streets, and it restores necessary law enforcement tools that were envisioned in my own ordinance," Wheeler said. "Therefore, it is no longer necessary to pass an ordinance at the local level and I will be withdrawing my proposed ordinance. The City will instead focus on effectively implementing HB 2645."
Wheeler said that he began drafting the amendment to criminalize public drug use when the Senate Republican walkout held up work in the legislature, making it unclear if HB 2645 would pass before the end of the session.
However, he also admitted something not mentioned in previous statements to the media — namely that his proposed ban on public drug use might not have survived a court challenge.
"This ordinance would have undoubtedly been challenged because of a state statute potentially limiting the authority of local governments to create laws regarding the public use of drugs," Wheeler said. "Nonetheless, I was willing to take that fight to the courts, if necessary."
State Representative Jeff Helfrich, R-Hood River, is co-chief sponsor of HB 2645. He said given that the bill only addresses fentanyl, Helfrich said he wishes Wheeler would have thought twice about reigning in his proposal.
"I think his ordinance needed to be pushed out, personally," said Helfrich. "But if he wants to use this law as a guise, we'll see what happens when it goes to court because there's going to be an attorney that appeals this and I'd hate to lose this law or at least law enforcement's ability to hold some people accountable for what's going on."
Wheeler had planned to introduce his amendment during a Wednesday city council session.
"I applaud our state leadership for approving HB 2645," he concluded. "I expect this change will positively impact the City of Portland by expanding local law enforcement’s abilities to make Portland safer and healthier. As would have been the case with a local ordinance, enforcement of this state law will take time and patience as we work to continue re-staffing the Portland Police Bureau. I am equally committed to increasing resources and support for our partners to better connect Portlanders to much-needed treatment services.”