PORTLAND, Ore. — Portland metro transit agency TriMet threw its full-throated support Thursday behind an Oregon bill that would make drug use on public transit a high-level misdemeanor crime.
Senate Bill 1553-1 was proposed by the Oregon Transit Association and Amalgamated Transit Union Local 757. It would be a significant amendment to SB 1553, introduced prior to the current session, which as-introduced simply directs the Oregon Health Authority to study problems caused by drug use in Oregon.
"Public transit must feel safe and comfortable for everyone to use, particularly for the most vulnerable members of our community — many of whom rely on TriMet as a lifeline to jobs, schools and essential services. No one should worry about the unpredictable and potentially dangerous behavior of people who are using illicit drugs or fear exposure to fumes, needles and residue," TriMet said in a statement.
The bill would add "smoking, igniting, injecting or consuming drugs" on public transit or at a transit station to an existing crime called Interfering with Public Transportation, making it a Class A misdemeanor. According to TriMet, the legislation would also make this a "drug-designated misdemeanor," which would open access to state-funded treatment "in many cases."
TriMet noted that smoking any substance on public transit or at a station can already result in a fine, citation or ban, but it's unclear how often those codes are enforced. The agency said that it needs police "to be able to help us keep the smoking and use of illegal drugs off our system," as TriMet staff are largely unarmed and prioritize de-escalation.
Class A misdemeanors are one step below a felony, and carry a maximum sentence of up to 364 days in jail, a $6,250 fine, or both. As lawmakers in Salem debate changes to Measure 110 and the state's drug policy as a whole, Republicans have likewise proposed making simple drug possession a Class A misdemeanor. The proposal currently put forward by Democrats would make possession a Class C misdemeanor instead.
Measure 110 decriminalized possession of user amounts of drugs starting in 2021. While it did not change state statute around public drug use, existing laws in fact bar local governments from banning public drug use, with the exception of alcohol. Those violations were previously enforced through laws against possession rather than use.
Lawmakers are also considering whether to make public drug use illegal statewide, but it's not yet clear whether that will be included in the primary bill currently under debate.
In September, the University of Washington released the results of a study looking at whether drug use on public transit could be harming drivers and passengers. While it did find trace amounts of methamphetamine in every sample taken on MAX trains, as well fentanyl in nearly half of samples, health experts concluded that it wasn't in high enough quantities to present harm to riders.
Even if health fears about second-hand exposure weren't substantiated, TriMet said Thursday that widespread drug use has contributed to a decrease in riders who say they feel safe on TriMet — a drop of more than 30% over the last six years.
"Not only does the presence of illegal drugs (and the erratic behavior of drug users) raise fears about exposure to fumes, needles and residue, it’s also an uncomfortable and unwelcome experience for our riders and employees," TriMet said.
Overall ridership dropped precipitously at the beginning of the COVID-19 pandemic, from 1.83 million weekly boarding rides in January 2020 to a low of about 623,000 in May of that year. Ridership has been rising only very gradually ever since, and was last reported at 1.22 million in November, according to TriMet's figures.