Oregon bill would make illicit drug use on public transit a misdemeanor

PORTLAND, Ore. (KOIN) – An amendment introduced to the Oregon legislature on Thursday would create a misdemeanor charge for people who use illicit drugs on public transit and aims to connect offenders to addiction treatment.

An amendment to Senate Bill 1553 — which orders the Oregon Health Authority to study the addiction crisis — would add illicit drug use on public transit to the interfering with public transportation (IPT) statute — making illicit drug use on public transit and public transit stations, a Class A misdemeanor.

The bill would classify this form of IPT as a drug-designated misdemeanor, so people who are convicted of the crime can have access to state-funded treatment in many instances, according to the Oregon Transit Association and the Amalgamated Transit Union 757.

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In support of the bill, the two unions noted in a press release that the fentanyl addiction crisis in the state had led to “unprecedented” public emergency declarations, and a widespread use of illicit drugs in public – including on the state’s public transportation systems.

The unions emphasized the importance for public transit to feel safe and accessible to all Oregonians – adding this bill will give law enforcement tools to keep public transit, riders, and employees safe.

“Transit is a vital public resource and a unique type of public space,” said Derek Hofbauer, Board President for the Oregon Transit Association. “Unlike sidewalks and other open public spaces, transit riders must wait at designated transit stops and stations, making it difficult to avoid exposure to illicit drug use.”

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“Public transit must be a drug-free zone,” added Shirley Block, President of Amalgamated Transit Union 757. “Our union operators and transit field staff have the right to do their jobs without worrying about the unpredictable behavior of people using illicit drugs or fearing potential long-term exposure to drug fumes.”

In a statement, TriMet – Oregon’s largest public transit provider– voiced support for the bill.

“We value the health and well-being of our riders and employees, and that’s why we have made a number of significant investments in our safety and security workforce and initiatives in recent yearsThe majority of our personnel is unarmed, by design, and trained in de-escalation, and police response is always a last resort. However, in situations where law enforcement involvement proves necessary, Senate Bill 1553-1 gives police the tools they need to help keep the rampant use of illegal drugs that is surging in our community off our system,” TriMet said in a press release.

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The agency continued, “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 says the bill is “the right balance” of accountability and approach to substance use disorder by making illicit drug use on public transit a misdemeanor to help people in crisis access state-funded treatment.

“TriMet is dedicated to continuously improving safety and security on board, but it’s clear, we cannot do it alone. That is why we have been urging state and local leaders to address drug use and addiction in the community, and understand the challenges unique to transit. Senate Bill 1553-1 does just that,” TriMet added.

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In an interview with KOIN 6 News, TriMet’s Chief Safety Officer, Andrew Wilson, explained drug use and smoking are already prohibited by TriMe. However, the bill would give law enforcement more tools to hold offenders accountable.

“The crisis that’s on our streets right now, we cannot afford that to spill off onto our transit system. Our transit system needs to be effective, and healthy, and vibrant for economic development reasons, as well as our mission to serve some of the most vulnerable in the community and give them safe and reliable service,” Wilson said.

“We have a health-centered approach here at TriMet. We developed our team significantly over the last several years and doubled the amount of our budget for unarmed security services out in the system since 2020, we doubled the amount of safety and security personnel we have in the system since 2022,” he added. “Some of those personnel are related to our safety response team, and that particular group actually does outreach services — carries water bottles, Narcan — and is really on the front line of this drug epidemic.”

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“So, it’s not like we haven’t developed those things,” Wilson continued. “But at the end of the day, we still need effective law enforcement to keep this off of our system. And so, adding this to the existing interfering with transit law that’s out there, will allow transit and law enforcement in the area to effectively hold people accountable and get them in touch with treatment services and elevate that so we can ensure we have safe transit for all.”

The bill comes after a 2023 University of Washington study found most transit surfaces in Oregon and Washington tested positive for drugs, including meth and fentanyl.

The researchers noted that a majority of the positive samples contained small traces of the drug and were not enough to pose health risks to passengers or drivers.

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