Democratic lawmakers in Oregon on Tuesday unveiled a sweeping new bill that would undo a key part of the state’s first-in-the-nation drug decriminalization law, a recognition that public opinion has soured on the measure amid rampant public drug use during the fentanyl crisis.
The bill would recriminalize the possession of small amounts of drugs as a low-level misdemeanor, enabling police to confiscate them and crack down on their use on sidewalks and in parks, its authors said. It also aims to make it easier to prosecute dealers, to access addiction treatment medication, and to obtain and keep housing without facing discrimination for using that medication.
Decriminalization and legalization are not the same thing. Possession is still illegal, but there are not criminal penalties, that is why it has a citation and ostensibly a fine. Oregon has legalized marijuana, but not the rest.
I think there can be confusion because a violation and a crime are not the same thing, legally, even though they are both against the law. A violation does not include jail time, but usually does include other penalties. A traffic infraction is a very common example of a violation. You don’t go to jail for running a red light despite it being illegal.