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Oregon becomes first US state to decriminalize drugs

thegreenhand

thegreenhand

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Oregonians have made their state the first in the United States to decriminalize use of all drugs, including cocaine and heroin, after voting to approve Measure 110, according to the New York Times and the Associated Press.

The approval of the measure, one of several drug-related initiatives on the ballot November 3, doesn’t mean that the state has legalized the drugs.

Instead, Oregon will remove criminal penalties — including prison time — for possessing small amounts of currently illegal drugs, and will give those caught with drugs the option of either paying a $100 fine or getting a “completed health assessment” at an addiction recovery center. The sale of drugs will still be illegal, so don’t expect stores or pharmacies selling cocaine or heroin to pop up (at least legally).

The state will also now redirect existing marijuana sales tax revenues and savings from the measure — for example, savings from reduced prison time — toward setting up a more expansive drug addiction treatment and recovery program.

Full Article Here
 
Loving this: Just saw it on news earlier and portends the fall of the war on drugs. If drugs were legal everywhere I could use without stress as going to jail (again) for drugs makes it a no-no for me: Cannot afford to go to the pokey for crimes related to drugs. Only self-preservation (covers much) is on the table when it comes to prison-life.
 
I heard about this from my family in Portland.
This is one step toward treating addicts fairly, and stops filling jails and prisons with addicts who’ve committed no crimes other than possession.
Opponents claimed people, especially kids, would look at this as a pass to try harder drugs.
 
PtahTek said:
Loving this: Just saw it on news earlier and portends the fall of the war on drugs. If drugs were legal everywhere I could use without stress as going to jail (again) for drugs makes it a no-no for me: Cannot afford to go to the pokey for crimes related to drugs. Only self-preservation (covers much) is on the table when it comes to prison-life.
Click to expand...
Yeah same here. I made a promise to my mom that i wouldn’t do anything to jeopardize my future. After (a lot) of convincing she recognizes that the drugs themselves aren’t inherently harmful but unfortunately we still live in a society that punishes people for them. I still use drugs but always with paranoia in the background
 
So this is a discretionary thing, like the police will fine or jail a person based on their own discretion? It doesn't make sense to call it decriminalized. Drugs are decriminalized in Mexico up to a certain quantity
 
Gormur said:
So this is a discretionary thing, like the police will fine or jail a person based on their own discretion?
Click to expand...
Nope, this is proper decriminalization. A $100 fine is the maximum allowed penalty. Of course, the drugs are still federally illegal, so it's only decriminalization insofar as federal police and prosecutors decide to leave drug possessors in Oregon be (which I imagine they will for the most part).
 
Hey guys,

Life today is good. But what does this all mean exactly?

I’ve been reading over Drug Addiction Treatment and Recovery Act to begin to figure it out. As I do I’ll update this post, and please encourage others to help as it can take me awhile to understand legal jargon.

Some key points...

-Peyote can be used so long as “(c) In a manner that is not dangerous to the health of the user or others who are in the proximity of the user.”

-All drug possession charges discussed seem to be Class E violations at their lowest level, upgrading to Class A misdemeanors or Class C felonies based on certain parameters.

-One cannot possess more than 40hits of LSD without it becoming a Class A misdemeanor.

-One cannot possess more than 12g Psilocybin containing mixture without it becoming Class A misdemeanor.

-If said person caught for any drug possession has a prior felony conviction charges are upgraded to Class C felony.

-If said person caught for any drug possession has two prior drug possession convictions, it’s upgraded to Class C felony. (Kind of like a 3 strikes your out type deal.)

-If person possesses 40 user units or more of methadone, upgrades to Class A misdemeanor.

-If person possesses 40 or more pills, tablets of Oxycodone upgrades to Class A misdemeanor.

-If person possesses 1gram or more of Heroin, upgrades to Class A misdemeanor.

-If person possesses 1gram or more or 5 tablets or more of MDMA, MDA, or MDEA it upgrades to Class A misdemeanor.

-If person possesses 2gram or more of Cocaine, Class A misdemeanor.

-If person possesses 2grsm or more of meth, Class A misdemeanor.


There’s also a lot in this regarding drug addiction treatment and funds being allocated for such.

But what does this mean in a nutshell for us? If one is caught with any of the drugs listed at quantities below the threshold for upgrade to Class A misdemeanor, it’s a simple Class E violation. Which is a fine and nothing on your record.

Even if one has large quantities of said drugs it’s still only a Class A misdemeanor, so long as they can’t prove you were selling or manufacturing. You could have a kilo of cocaine and be out in no time.

But where this gets nasty is those which start to get multiple drug charges, it only takes a prior felony or two prior drug convictions to get upgraded to felony. So don’t get caught multiple times..

My question, what if one got caught with 3 separate substances, would that mean an instant felony or does it mean 3 separate instances? I don’t have time to look and didn’t see anything on it.

And I just remembered legal talk might not be allowed here so delete this if I done wrong ;)

-GC
 
G_Chem said:
Hey guys,

Life today is good. But what does this all mean exactly?

I’ve been reading over Drug Addiction Treatment and Recovery Act to begin to figure it out. As I do I’ll update this post, and please encourage others to help as it can take me awhile to understand legal jargon.

Some key points...

-Peyote can be used so long as “(c) In a manner that is not dangerous to the health of the user or others who are in the proximity of the user.”

-All drug possession charges discussed seem to be Class E violations at their lowest level, upgrading to Class A misdemeanors or Class C felonies based on certain parameters.

-One cannot possess more than 40hits of LSD without it becoming a Class A misdemeanor.

-One cannot possess more than 12g Psilocybin containing mixture without it becoming Class A misdemeanor.

-If said person caught for any drug possession has a prior felony conviction charges are upgraded to Class C felony.

-If said person caught for any drug possession has two prior drug possession convictions, it’s upgraded to Class C felony. (Kind of like a 3 strikes your out type deal.)

-If person possesses 40 user units or more of methadone, upgrades to Class A misdemeanor.

-If person possesses 40 or more pills, tablets of Oxycodone upgrades to Class A misdemeanor.

-If person possesses 1gram or more of Heroin, upgrades to Class A misdemeanor.

-If person possesses 1gram or more or 5 tablets or more of MDMA, MDA, or MDEA it upgrades to Class A misdemeanor.

-If person possesses 2gram or more of Cocaine, Class A misdemeanor.

-If person possesses 2grsm or more of meth, Class A misdemeanor.


There’s also a lot in this regarding drug addiction treatment and funds being allocated for such.

But what does this mean in a nutshell for us? If one is caught with any of the drugs listed at quantities below the threshold for upgrade to Class A misdemeanor, it’s a simple Class E violation. Which is a fine and nothing on your record.

Even if one has large quantities of said drugs it’s still only a Class A misdemeanor, so long as they can’t prove you were selling or manufacturing. You could have a kilo of cocaine and be out in no time.

But where this gets nasty is those which start to get multiple drug charges, it only takes a prior felony or two prior drug convictions to get upgraded to felony. So don’t get caught multiple times..

My question, what if one got caught with 3 separate substances, would that mean an instant felony or does it mean 3 separate instances? I don’t have time to look and didn’t see anything on it.

And I just remembered legal talk might not be allowed here so delete this if I done wrong ;)

-GC
Click to expand...
That's the exact question I have after skimming the bill...
 
G_Chem said:
-If said person caught for any drug possession has a prior felony conviction charges are upgraded to Class C felony.

-If said person caught for any drug possession has two prior drug possession convictions, it’s upgraded to Class C felony. (Kind of like a 3 strikes your out type deal.)
Click to expand...
G_Chem said:
But where this gets nasty is those which start to get multiple drug charges, it only takes a prior felony or two prior drug convictions to get upgraded to felony. So don’t get caught multiple times..

My question, what if one got caught with 3 separate substances, would that mean an instant felony or does it mean 3 separate instances? I don’t have time to look and didn’t see anything on it.
Click to expand...
Those provisions are actually just the portions of the previous legislation that are being removed. Those with previous convictions will still only be liable for the $100 fine (assuming they don't have more than the maximum amounts you listed and aren't trafficking/intending to traffic).
G_Chem said:
And I just remembered legal talk might not be allowed here so delete this if I done wrong ;)
Click to expand...
General discussion of laws is fine, just not "I got charged with x what should I do" type questions.
 
S.J.B. said:
Those provisions are actually just the portions of the previous legislation that are being removed. Those with previous convictions will still only be liable for the $100 fine (assuming they don't have more than the maximum amounts you listed and aren't trafficking/intending to traffic).

General discussion of laws is fine, just not "I got charged with x what should I do" type questions.
Click to expand...

Oh shit ya that’s awesome :) again legal documents aren’t my strong point so appreciate that.

So then over the listed amounts are still misdemeanor? Or is that being ex’ed out too?

-GC
 
G_Chem said:
So then over the listed amounts are still misdemeanor? Or is that being ex’ed out too?
Click to expand...
All those Class A misdemeanors over a given quantity are being added, to replace felonies. So not only have they decriminalized small amounts, but they've reduced the penalty for larger amounts if intent to traffic can't be proven.

PS: I added a link to the full text of the bill to the OP.
 
Yea I must have been reading an older version now that I look at the copy you provided.. Thanks again.

-GC
 
@G_Chem Was there anything in the bill about drugs other than those listed? Say, 10 pills of xanax, for example?
 
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