Oregon Senate passes bill criminalizing use of illicit drugs on public transportation

The Oregon Senate on Wednesday passed a bill criminalizing the use of illicit drugs on public transportation.

Senate Bill 1553, which now heads to the Oregon House for approval, would expand the "interfering with public transportation" crime to include ingesting, inhaling, igniting, injecting or consuming an illegal controlled substance on public transit vehicles or stations.

Doing so would be a Class A misdemeanor punishable by a maximum of 364 days in jail, a $6,250 fine or both. The bill would make the crime a drug-designated misdemeanor, meaning some of those convicted would have access to state-funded treatment.

The bill passed with 27 votes in favor and 3 against.

It is one of the bills introduced in the short legislative session addressing drug use in the state.

Data from the Centers for Disease Control and Prevention this week revealed overdose deaths rose at a faster rate in Oregon than anywhere else in the country with a 41% increase in deaths between 2022 and 2023.

Oregon transit agencies call for action in response to drug use

The Oregon Transit Association and Amalgamated Transit Union testified in support of the bill earlier this month and called it a "necessary additional tool" to help transit agencies in the state address "widespread public use" of fentanyl and other drugs on public transportation.

According to testimony submitted by the OTA and ATU, the Lane Transit District recorded 130 incidents of drug use from January to October 2023.

TriMet also submitted written testimony reporting an average of more than 260 incident reports per month related to drugs and alcohol from October to December 2023. The transit agency told lawmakers there was a 30% drop in riders feeling safe on its buses and trains, according to a survey.

Cherriots, the Salem Area Mass Transit District, said in an email to the Statesman Journal the legislation "provides an additional tool to safeguard all of our riders from exposure to illicit drug use, ensuring a safe, healthy, and secure environment for everyone."

Sen. Chris Gorsek, D-Gresham, said on the Senate floor he was a user of public transit in his community and the legislation was necessary to make public transit safer.

"Our kids, people with disabilities, seniors and people just trying to get to work should not have to worry about being exposed to smoke and residue from illicit drugs," Gorsek said.

Gorsek also pointed to the closure of the Tillamook County Transportation District's transit center as an example of eroding safety on public transportation. In testimony, the transportation district credited the closure to instances of drug use at the transit center.

Concerns surrounding recriminalization of drug use in Oregon

Sen. Kayse Jama, D-Portland, was the only senator who spoke in opposition to the bill. Jama said he agrees Oregonians have the right to safe and accessible public transit without fear but said he did not believe the bill would make riders in his district safer.

“The threat of jail time is not an effective treatment," Jama said.

Jama said any legislation moving forward with the criminalization of drug use also had to come with expansion and investment in treatment. SB 1553 did not offer those, he said.

The Health and Justice Recovery Alliance, a coalition of organizations providing recovery services through Measure 110, also opposed the bill, calling it ineffective, inhumane and "guaranteed to disproportionately impact marginalized communities."

"Adding another crime will do nothing to deter substance use on transit and will further punish people deep in the throes of addiction," Tera Hurst, executive director of the HJRA, wrote.

Sen. Lew Frederick, D-Portland, acknowledged concerns with the bill impacting Oregonians of color and the history of profiling in the state but said the legislature had "to do something."

"With some significant trepidation, I'm going to vote for this bill," Frederick said.

Republicans have called for recriminalizing public use of drugs as a Class A misdemeanor. Democrats' proposal suggests recriminalizing them as a Class C misdemeanor. A public hearing on the proposals was held earlier this month.

On the Senate floor Wednesday, Sen. Lynn Findley, R-Vale, asked if a Class A misdemeanor was "good for trains, why isn't it good for the neighborhood."

"Recriminalizing to a Class A misdemeanor sends a strong message that public transit is not a welcoming place to illicit drug use, creating a safer environment for all,” Senate Republican Leader Tim Knopp, R-Bend, said in a statement.

Work sessions on either bill rolling back the decriminalization of drugs in the state have not been scheduled.

Dianne Lugo covers the Oregon Legislature and equity issues. Reach her at dlugo@statesmanjournal.com or on Twitter @DianneLugo

This article originally appeared on Salem Statesman Journal: Oregon Senate passes bill criminalizing public transit drug use