Drug policy of Oregon

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The U.S. state of Oregon has various policies restricting the production, sale, and use of different substances. In 2006, Oregon's drug use per person was higher than the national average, with marijuana, methamphetamine, and illicit painkillers being the most commonly used substances. [1]

Contents

Oregon's drug policy has evolved significantly over time, reflecting changing societal attitudes and state responses to substance use. Alcohol regulation in Oregon dates back to pre-statehood, with the state pioneering both the prohibition and eventual regulation of alcohol through the creation of the Oregon Liquor Control Commission. The state's approach to other substances has also been notably progressive. Oregon was the first state to decriminalize small amounts of cannabis in 1973 and later legalized its use for both medical and recreational purposes. Other substances like methamphetamine, heroin, and club drugs have posed ongoing challenges, with laws evolving to address production, trafficking, and public health issues. Oregon has also been a leader in regulating prescription drug use and in recent years has decriminalized the personal possession of small amounts of all drugs under Ballot Measure 110, while legalizing the medical use of psilocybin mushrooms.

Decriminalization

On February 1, 2021, Oregon became the first state in the USA to decriminalize the possession of small quantities of all illicit drugs, following the passing of Oregon Ballot Measure 110 in November 2020. [2] The law was passed by 58% of voters in a ballot initiative. Among other provisions, it directs hundreds of millions of dollars from cannabis tax collections to addiction treatment. [3] However, in 2024, Oregon partially reversed its drug laws, with the governor signing a new law which made possessing small amounts of hard drugs a misdemeanor starting September 1, 2024. [4] [5] [6] However, the new law did not require mandatory jail time in all cases or apply to soft drugs, with cannabis tax revenue even still being maintained as a source of funding for drug treatment. [7]

Specific drugs

Alcohol

Oregon ranks 4th nationally in craft breweries per capita Craft Breweries Per Capita (US).svg
Oregon ranks 4th nationally in craft breweries per capita

Oregonians consume an average amount of beer and distilled spirits, and an above average amount of wine. [9] As of 2007, the consumption of spirits is on the rise[ needs update ], while beer consumption is holding steady. [10] Also, 11% of beer sold in Oregon was brewed in-state, the highest figure in the United States. [11]

Oregon was the first place in the United States to prohibit alcohol, prior to becoming a U.S. state in the mid-19th century. That law was quickly repealed, but Oregon again preceded the rest of the country in outlawing alcohol, passing a law several years before federal prohibition was enacted with the Eighteenth Amendment to the United States Constitution. [12] Following the repeal of prohibition in 1933, Oregon acted swiftly to regulate alcohol, establishing the Oregon Liquor Control Commission (OLCC) within days of the repeal. The OLCC continues to regulate alcohol in the state today. [13]

Cannabis

From 1999 through 2005, the ratio of Oregonians using cannabis outpaced the general United States population by 32–45%, with between 6.53% (2000) and 8.96% (2002) of the population using it. [14] In 2003–2004, Oregon ranked among the top five states for cannabis usage of people 12 and older. [15] Oregon is also one of the largest cannabis producing states, ranking fourth in indoor production, and 10th overall in 2006. [16]

In 1973, Oregon became the first U.S. state to decriminalize the possession of small amounts of cannabis, [17] and in 1998 the state legalized its use for medical purposes. [18] An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997. [17] In June 2010, Oregon became the first state in the country to reclassify marijuana from a Schedule I drug to a Schedule II drug when the Oregon Board of Pharmacy voted for reclassification. [19] [20] [21] Recreational cannabis has been legal in the state since July 2015.

Club drugs

In Oregon, MDMA (3,4-methylenedioxymethamphetamine), GHB (gamma-hydroxybutyrate), ketamine, and LSD are available in varying quantities and are generally used at social venues in more populated areas and on college campuses. Club drugs enter Oregon from a variety of sources: MDMA from Canada, ketamine from Mexico, and GHB and LSD from California. Laboratory seizures indicate some local GHB and LSD production. GHB is also obtained from Internet sources. PCP and Psilocybin mushrooms are generally available in and around cities with a college student population. [22]

Cocaine

Cocaine is available throughout Oregon, and crack cocaine is available in some urban areas. Mexican traffickers dominate wholesale distribution, transporting the drug from Mexico, California, and other southwestern states. Retail quantities are primarily sold by Mexican drug trafficking organizations, street gangs, prison gangs, and local independent dealers. In 2007, 63.7 pounds of cocaine were seized by federal authorities, [22] up from 36.4 pounds in 2006. [23]

Heroin

In the 1990s, potent and inexpensive heroin became widely available in Portland; heroin use in Multnomah County rose 600% during that decade. [24]

According to police, in 2008, heroin became more plentiful in Oregon in response to a crackdown on methamphetamine. In 2007, 115 heroin overdoses resulted in death, up 29% from 2006. In 2012 heroin was responsible for 147 deaths, and the leading cause of overdose deaths in the state. [25] The number of deaths is far below the highs of the late 1990s. Most deaths are a result of the user misgauging their tolerance. [26] Heroin is especially lethal because it depresses the central nervous system, unlike cocaine and meth which are stimulants. [27]

In Oregon, black tar heroin comes from Mexico up the Interstate 5 corridor. In 2007, 19 pounds of heroin were seized by federal authorities, more than double the amount in 2006. [27]

Methamphetamine

Methamphetamine lab incidents in Oregon, 2003-2007 Oregon meth2008.gif
Methamphetamine lab incidents in Oregon, 2003–2007

Since its arrival in the early 1980s, the use of methamphetamine in Oregon has become a serious public health problem. Abuse of methamphetamine (commonly known as "crystal meth" or simply "meth") has spread across the state and the rest of the United States. [28] The issue has been a focus of media organizations in the state, [28] and has been a focus of several political campaigns, including that of Attorney General-elect John Kroger in 2008, [29] and ballot measures such as Measures 57 and 61 in the same year.

In 2005, Governor Ted Kulongoski signed legislation [30] that made Oregon the first state to require prescriptions for cold medicines containing pseudoephedrine, one of the key ingredients used to make methamphetamine. [31] The state had previously required buyers to show ID and sign a log when buying cold medicine like Sudafed and Claritin D. The intent of the law was to reduce the number of home methamphetamine laboratories. [32] Oregon's monthly home drug lab seizures dropped from 41 to nine after the restrictions were put in place, [33] but the drug is still available, coming from Mexican labs and from other states. Meth-related deaths decreased for the first time since 2001, when 2007 deaths declined 21% from 2006 deaths. [34]

In 2007, 33 pounds of meth were seized by federal authorities, [22] down from 101.6 pounds in 2006. [23]

Prescription drugs

Illicit use of prescription drugs is the fastest growing category of illegal drug use. Treatment admissions for illicit prescription drugs increased 332% from 1998 to 2008, surpassing cocaine admissions in 2005. [1] In the United States, the primary methods of diversion of legitimate pharmaceuticals is illegal dispensing and prescribing by physicians, illegal distribution by pharmacists, prescription forgery, doctor shopping, and drug thefts from pharmacies, nursing homes, and hospitals. Pharmacy burglaries are prevalent throughout the state and Diversion Investigators are also encountering pharmaceuticals that have been purchased via the Internet without a doctor's prescription. The use and sale of oxycodone (OxyContin, Percocet, Percodan), hydrocodone (Vicodin, Lortab), and anabolic steroids are of concern to the Drug Enforcement Administration. Also, as of January 2008, methadone use has increased dramatically in the state. [22]

Psilocybin and psilocybin mushrooms

As part of the passing of Oregon Ballot Measure 110, which came into effect on February 1, 2021, the personal possession of psilocybin and psilocybin mushrooms (also known as "magic mushrooms") was decriminalized. [35]

As part of Oregon Ballot Measure 109 the "manufacture, delivery and administration" of psilocybin and psilocybin mushrooms was legalized for those aged 21 and over for medical purposes, such as mental health treatment and use in supervised and licensed therapy sessions. [36] [37]

Tobacco

Oregon's Tobacco Prevention and Education Program (TPEP) was launched in 1997 to "reduce tobacco-related illness and death" by reducing exposure to secondhand smoke, countering pro-tobacco influences, helping users to quit, and eliminating health disparities. [38] As of 2020, the current tax on a pack of cigarettes is $1.33, [39] and the wholesale tax on other tobacco products is 65%. [40] House Bill 2270 was referred to voters by the legislature as Measure 108 for the 2020 general election, [41] to raise the cigarette tax to $3.33 per pack, increase a cap on cigar taxes from 50¢ to $1.00 each, and apply the wholesale tax to electronic cigarettes. [42] Measure 108 was passed by voters, signed into law and effective January 1, 2021.

Smoking in bars and similar businesses is prohibited in Oregon as of a law that took effect January 2009 [43] (SB 571 of the 2007 legislature. [44] )

Usage

In 2008, academic researchers began studying waste water at various Oregon sewage plants, to evaluate the drug use of various communities. Their research is pioneering the field in the United States, though similar studies have been done in Europe. Every one of the samples, taken from 96 plants, contained methamphetamine; Cocaine was present in 80% of the samples, MDMA in 40%. the research is ongoing, and will evaluate some of the plants—along with plants in Washington—over time. [45]

Penalties

The penalties for sale of a controlled substance varies between states. In Oregon, a person convicted three times of selling 3.3 pounds of meth would face a maximum of four years in prison. By comparison, the potential penalty would be 13 years in prison in California, 21 years in federal court, and up to life in Texas. Former Oregon lawmaker Kevin Mannix wants to increase these penalties, saying the state "invites" criminal drug activity "by being passive." [46] Mannix put a citizen's initiative on the November 2008 ballot, Measure 61. The measure was defeated, while a less expensive measure referred by the legislature, Measure 57, passed. [47] [48] Mannix's opponents argued that increased mandatory minimum sentences remove judicial discretion and send small-time dealers into expensive prisons instead of drug treatment. [46] In September 2024, hard drugs were once again reincriminalized in Oregon, though people could now avoid jail time if they choose and are able to deflect into treatment. [49]

Related Research Articles

<span class="mw-page-title-main">Recreational drug use</span> Use of drugs with the primary intention to alter the state of consciousness

Recreational drug use is the use of one or more psychoactive drugs to induce an altered state of consciousness, either for pleasure or for some other casual purpose or pastime. When a psychoactive drug enters the user's body, it induces an intoxicating effect. Recreational drugs are commonly divided into three categories: depressants, stimulants, and hallucinogens.

<span class="mw-page-title-main">Drug Policy Alliance</span> American non-profit advocacy organization

The Drug Policy Alliance (DPA) is a New York City–based nonprofit organization that seeks to advance policies that "reduce the harms of both drug use and drug prohibition, and to promote the sovereignty of individuals over their minds and bodies". The organization prioritizes reducing the role of criminalization in drug policy, advocating for the legal regulation of marijuana, and promoting health-centered drug policies.

<span class="mw-page-title-main">Legalization of non-medical cannabis in the United States</span>

In the United States, the non-medical use of cannabis is legalized in 24 states and decriminalized in 7 states, as of November 2023. Decriminalization refers to a policy of reduced penalties for cannabis offenses, typically involving a civil penalty for possessing small amounts, instead of criminal prosecution or the threat of arrest. In jurisdictions without penalty the policy is referred to as legalization, although the term decriminalization is sometimes used for this purpose as well.

<span class="mw-page-title-main">Legal history of cannabis in the United States</span>

In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.

<span class="mw-page-title-main">Federal drug policy of the United States</span> Nationwide framework regarding the abuse of drugs in the United States

The drug policy in the United States is the activity of the federal government relating to the regulation of drugs. Starting in the early 1900s, the United States government began enforcing drug policies. These policies criminalized drugs such as opium, morphine, heroin, and cocaine outside of medical use. The drug policies put into place are enforced by the Food and Drug Administration and the Drug Enforcement Administration. Classification of Drugs are defined and enforced using the Controlled Substance Act, which lists different drugs into their respective substances based on its potential of abuse and potential for medical use. Four different categories of drugs are Alcohol, Cannabis, Opioids, and Stimulants.

<span class="mw-page-title-main">Drug liberalization</span> Process of reducing drug prohibition laws

Drug liberalization is a drug policy process of decriminalizing, legalizing, or repealing laws that prohibit the production, possession, sale, or use of prohibited drugs. Variations of drug liberalization include drug legalization, drug relegalization, and drug decriminalization. Proponents of drug liberalization may favor a regulatory regime for the production, marketing, and distribution of some or all currently illegal drugs in a manner analogous to that for alcohol, caffeine and tobacco.

<span class="mw-page-title-main">Drug policy of California</span> Overview of the drug policy of the U.S. state of California

Drug policy of California refers to the policy on various classes and kinds of drugs in the U.S. state of California. Cannabis possession has been legalized with the Adult Use of Marijuana Act, passed in November 2016, with recreational sales starting January of the next year. With respect to many controlled substances, terms such as illegal and prohibited do not include their authorized possession or sale as laid out by applicable laws.

<span class="mw-page-title-main">Cannabis in Oregon</span>

Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal and cultural events surrounding the use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis and authorize its use for medical purposes. An attempt to recriminalize the possession of small amounts of cannabis was turned down by Oregon voters in 1997.

<span class="mw-page-title-main">Legal status of psilocybin mushrooms</span>

The legal status of unauthorised actions with psilocybin mushrooms varies worldwide. Psilocybin and psilocin are listed as Schedule I drugs under the United Nations 1971 Convention on Psychotropic Substances. Schedule I drugs are defined as drugs with a high potential for abuse or drugs that have no recognized medical uses. However, psilocybin mushrooms have had numerous medicinal and religious uses in dozens of cultures throughout history and have a significantly lower potential for abuse than other Schedule I drugs.

This is a history of drug prohibition in the United States.

<span class="mw-page-title-main">Drugs in the United States</span>

In the United States, the Federal Food, Drug, and Cosmetic Act defined the word "drug" as an "article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals" and those "(other than food) intended to affect the structure or any function of the body of man or other animals." Consistent with that definition, the U.S. separately defines narcotic drugs and controlled substances, which may include non-drugs, and explicitly excludes tobacco, caffeine and alcoholic beverages.

<span class="mw-page-title-main">Methamphetamine in the United States</span>

Methamphetamine in the United States is regulated under Schedule II of the Controlled Substances Act. It is approved for pharmacological use in the treatment of attention deficit hyperactivity disorder, narcolepsy, and treatment-resistant obesity, but it is primarily used as a recreational drug. In 2012, 16,000 prescriptions for methamphetamine were filled, approximately 1.2 million Americans reported using it in the past year, and 440,000 reported using the drug in the past month.

<span class="mw-page-title-main">Illegal drug trade in the United States</span> Sale and distribution of illegal narcotics in the USA

The US federal government is an opponent of the illegal drug trade; however, state laws vary greatly and in some cases contradict federal laws.

Peter Zuckerman is an American journalist and author who has focused his career in court reporting, investigative journalism, and adventure stories. He is also a leader of several prominent progressive political campaigns.

<span class="mw-page-title-main">Oregon Psilocybin Society</span> American non-profit organization

Oregon Psilocybin Society is a nonprofit organization founded in 2016 with the direct intention of creating awareness around and laying a foundation for the legislation of psilocybin services, a sequence of supervised sessions which includes the use of psychedelic psilocybin mushrooms for adults in the U.S. state of Oregon. The founders of the society, Sheri Eckert and Tom Eckert, are the Architects and Chief Petitioners of Measure 109, Introducing an initiative to Oregon state voters for 2020. This legislation will create legal access to psilocybin assisted services to any individual over 21 years of age, upon passing a risk assessment for contraindications. Psilocybin assisted services will be provided on-site at a licensed facility by a licensed facilitator. The service progression would include, at minimum, a preparation session, a psilocybin administration session, and an integration session. All sessions would be conducted by trained facilitators.

During the administration of American President Jimmy Carter (1977–1981), the United States gave further consideration to the decriminalization of cannabis (marijuana), with the support of the president. However, law enforcement, conservative politicians, and grassroots parents' groups opposed this measure. The net result of the Carter administration was the continuation of the War on Drugs and restrictions on cannabis, while at the same time cannabis consumption in the United States reached historically high levels.

<span class="mw-page-title-main">Psilocybin decriminalization in the United States</span> Movement to decriminalize psilocybin in the United States

The movement to decriminalize psilocybin in the United States began in 2019 with Denver, Colorado, becoming the first city to decriminalize psilocybin in May of that year. The cities of Oakland and Santa Cruz, California, decriminalized psilocybin in June 2019 and January 2020, respectively. Washington, D.C., followed soon in November 2020, as did Somerville, Massachusetts, in January 2021, and then the neighboring Cambridge and Northampton in February 2021 and March 2021, respectively. Seattle, Washington, became the largest U.S. city on the growing list in October 2021. Detroit, Michigan, followed in November 2021.

<span class="mw-page-title-main">2020 New Jersey Public Question 1</span> Ballot measure in New Jersey legalizing marijuana

New Jersey Public Question 1, the Constitutional Amendment To Legalize Marijuana, was a measure that appeared on the November 3, 2020 New Jersey general election ballot. Passing with the largest margin of victory of any statewide cannabis legalization ballot measure in US history, Question 1 legalized the possession and recreational use of cannabis; although planned to go into effect January 1, 2021, implementation was delayed until February 22 due to a dispute between the governor and legislature over penalties for underage cannabis users. Retail sales are also allowed under the amendment.

<span class="mw-page-title-main">Drug policy of Missouri</span> Overview of the drug policy of the U.S. state of Missouri

The drug policy of Missouri involves the policies, measures and laws set by the government of Missouri to control substance distribution and abuse.

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