Fentanyl penalties could get harsher in this state with decriminalized drugs

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Oregon must keep soft heroin laws despite soaring overdose rates: proponents

Oregon's trailblazing drug decriminalization law has come under fire amid a slow rollout and rise in overdose deaths. But proponents say much of the criticism is unfair.

When Oregon voters decriminalized drug possession, the new law set limits on what constituted personal use amounts of heroin, methamphetamine and other substances.

But no limits were set on fentanyl, which has become the deadliest drug in the state. A new bipartisan bill sent to Oregon Gov. Tina Kotek's desk seeks to change that.

Oregon lawmakers passed a bill criminalizing possession of a gram or more of fentanyl. (U.S. Customs and Border Protection)

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Possession of personal use amounts of all drugs has been decriminalized in Oregon since 2021, after the voter-approved Measure 110 took effect. The measure set limits on what constitutes personal use amounts for many drugs like heroin (1 gram or more) and methamphetamine (2 grams or more), but it set no restrictions for fentanyl.

House Bill 2645 creates a misdemeanor for possessing more than 1 gram and less than 5 grams of fentanyl. Possessing five to 24 pills, regardless of weight, would also be a misdemeanor and could result in up to a year of jail time.

Just 2 milligrams of fentanyl could cause a deadly overdose, according to the Drug Enforcement Administration, leading drug counselor Kevin Dahlgren to doubt the bill's ability to make a dent in the drug crisis. 

"Let's do the math," Dahlgren told Fox News. "Two milligrams can kill an adult. One gram is 1,000 milligrams. All this will do is force dealers to carry less."

But GOP lawmakers say it's an important first step in reforming drug laws.

"This legislation provides a critical tool to law enforcement to keep our communities safe," Republican Rep. Jeff Helfrich, one of the bill's chief sponsors, said in a statement. "While I believe we must have real conversations surrounding Measure 110 reform, this bill allows us to start fighting this epidemic and will get fentanyl off our streets."

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"Unfortunately, what most voters thought Measure 110 would do is refer people to treatment and recovery," GOP Rep. Lily Morgan, another one of the bill's chief sponsors, told Fox News in a statement. "That has not happened in Oregon."

HB 2645 passed both chambers of the legislature with near unanimous support. Just one lawmaker, Democratic Rep. Farrah Chaichi, voted against it.

"Drug crimes have been and continue to be used as a pretext for harassment by police of protesters, low-income communities and communities of color," Chaichi wrote. "This bill has been referred to as another tool in the toolbox, but like so many tools in the War on Drugs, this is another hammer."

The bill will take effect immediately after Kotek, a Democrat, signs it.

Fentanyl is the most frequent drug involved in overdose deaths in Oregon, according to the state's health authority. (Gary Coronado / Los Angeles Times via Getty Images)

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"Fentanyl is wreaking havoc in communities across our state. This should not be a partisan issue," Morgan told Fox News.

Lawmakers passed a flurry of bills during the final days of the legislative session after a six-week walkout by Republican senators over measures on abortion, transgender medical treatment and gun rights.