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Oregon’s drug decriminalization experiment appears dead

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Oregon’s drug decriminalization experiment appears dead


Members of the Oregon Senate talk on the Senate floor, March 1, 2024, at the Capitol in Salem, Ore. The Senate approved House Bill 4002, which passed yesterday in the House. Sen. Kate Lieber (center, standing) a Democrat from Portland, was one of the architects of the bill. Sen. Tim Knopp (seated in front of Lieber), a Republican from Bend and the Minority Leader, said the bipartisan bill was a response to the will of Oregonians.

Kristyna Wentz-Graff / OPB

Oregon’s pioneering drug decriminalization experiment is dead. At least if state lawmakers get their way.

The Oregon Senate on Friday passed House Bill 4002 on a 21-8 vote, with support from both Democrats and Republicans. It now heads to the desk of Gov. Tina Kotek, who has declined to say whether she supports the bill, but has signaled she is open to reintroducing penalties for drug possession.

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HB 4002 would upend a voter-approved decriminalization policy that has been in place for three years. Under the bill anyone caught with small amounts of illicit drugs like meth or fentanyl could face up to six months in jail. The bill offers people options to pursue drug treatment rather than receiving criminal penalties, and allows people convicted of possession to have their record automatically expunged.

Despite those “off ramps,” the bill has been harshly criticized by advocates for drug decriminalization, who accuse lawmakers of retreating to a war on drugs that had particularly negative outcomes for people of color.

Among its many provisions, HB 4002 also expands access to medications used to treat opioid withdrawal, creates new addiction services facilities, and makes it easier for prosecutors to seek steep penalties for drug dealers.

“With this bill, we are doubling down on our commitment to make sure Oregonians have access to the treatment and care that they need,” said Senate Majority Leader Kate Lieber, D-Portland, who co-wrote the bill. Lieber argued HB 4002 will “be the start of real and transformative change for our justice system.”

Friday’s outcome came as no surprise. In the days since Democrats announced an amended version of the bill that met many demands from Republicans and law enforcement officials, there has been little doubt HB 4002 would cruise to passage.

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That was reflected Thursday, when the state House approved the bill with a 51-7 vote. It was even more clear when senators voted to approve a $211 million funding package based on HB 4002 prior to taking up the bill itself. That package passed 27-3 in the 30-member Senate.

Still, the recriminalization proposal inspired debate — and emotional retelling of lawmakers’ first person experience with addiction in their lives.

Many lawmakers agreed that Oregon needed to take a step to address a growing addiction crisis, and that HB 4002 struck a balance for doing that.

“It didn’t appear at the beginning of this process that there was going to be a willingness to do what was necessary to begin to turn the tide,” said Senate Minority Leader Tim Knopp, R-Bend. “I’m glad to stand on the Senate floor today and report: Oregonians, you won.”

Knopp like many other Republican lawmakers has tied surging overdose deaths in Oregon directly to Measure 110.

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“Measure 110 was not what Oregonians thought it was,” he said. “They were told that their family, their friends, were going to get treatment for addiction. And what it turned into was a free-for-all of public drug use, increased fentanyl, opioid overdose deaths increasing exponentially, and Oregon becoming seen as a national dumpster fire.”

That’s a perspective that has been disputed by some research that suggests that increased prevalence of fentanyl, not decriminalization, is largely to blame for many of the state’s woes.

Some supporters of HB 4002 were more measured in their support. Sen. Jeff Golden, D-Ashland, said he’s been urged by constituents not to support a return to the war on drugs. “So my support for this measure today is rooted in trust that it’s not a return to the war on drugs,” said Golden, adding that he’d advocate for changes if the law is found to have harmful effects. “I’ve given that vow to those in my district who are desperately afraid of what’s about to happen.”

Other Democrats said HB 4002 went too far.

Sen. Lew Frederick, a Portland Democrat and one of four Black senators, said he could not vote on a bill that he believes will be harmful for people of color.

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“There are too many flaws for me to say yes,” said Frederick, after recounting the history of a drug war he said had been designed to target Black people. “I simply cannot have faith that there will be an equal compassionate treatment given the history of these official anti-drug efforts.”

Sens. Michael Dembrow, D-Portland, and Floyd Prozanski, both argued that Oregon was rushing out a law that is not ready — a mistake they said mirrored Oregon’s flawed implementation of Measure 110.

“The fundamental flaw with Ballot Measure 110 was that it decriminalized first and only slowly funded, designed and implemented the needed treatment programs,” said Dembrow, who said he worried about the impact of hundreds of additional criminal cases on an already strained courts system. “In its current form, there are just too many question marks around its potential to be effective, and particularly to be implemented in a fair and nondiscriminatory manner, around the state.”

Prozanski said he would have supported the bill if it came with a “sunset” provision that automatically ended criminal penalties for drug use after a certain amount of time.

“It’s very unfortunate, from my perspective, that we didn’t stay the course and address the open use of controlled substances on a short-term basis,” he said.

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The final decision about the future of Oregon drug policy may fall to Kotek. The Democratic governor often refuses to indicate whether or not she’ll sign a given bill ahead of time, saying she needs to read the fine print before making a choice.

Kotek, however, has signaled she could support HB 4002. She said in January that she is open to signing a bill that would roll back decriminalization.

“I want to see a proposal that answers a set of questions,” Kotek said at the time. “One piece will be criminalization, but if we just look at criminalization in isolation, I think it’s missing the point. So my question is going to be … what else are you going to do different to make sure we have better outcomes?”

Kotek has more factors to weigh than just her own analysis of the bill. A coalition headed by a former head of the state corrections department has proposed a ballot measure that would more drastically roll back drug law.

That group signaled Thursday that it would stand down if Kotek signs HB 4002.

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Under state law, when the Legislature is in session Kotek has five business days to decide whether to veto a bill, sign it, or let it pass into law without a signature. If the Legislature adjourns before that five days has elapsed, the governor must make her decision within 30 business days following adjournment.



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Some Members of Kotek’s Prosperity Council Unhappy About Tax Change

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Some Members of Kotek’s Prosperity Council Unhappy About Tax Change


This story was produced by the Oregon Journalism Project, a nonprofit newsroom covering the state.

One of the most contentious issues in the current legislative session revolves around an issue called “bonus depreciation.”

It’s a tax break that business groups hope could spur purchases of everything from tractors and commercial fishing boats to high-tech machinery and new housing. To progressive groups, it’s a giveaway to businesses that were going to make such investments anyway, at the expense of schools and social services.

The issue is also timely, as Gov. Tina Kotek builds her reelection campaign around a new focus on Oregon’s business climate.

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Last week, Kotek’s Prosperity Council held its second meeting, this one in Redmond, where the panel toured BASX Solutions, which makes cooling systems for data centers, along with HVAC systems for everyday structures.

Critics say that Gov. Tina Kotek’s support of SB 1507A is inconsistent with her prosperity message. (Thomas Patterson/Thomas Patterson)

Kotek cited BASX as the kind of family-wage employer the state must nurture and seek to attract. “Oregon’s prosperity is not a given. We have to act with intention to be more competitive,” the governor said. “That’s exactly what the Prosperity Council has been charged to do, and today’s meeting helps us to understand the perspectives of Central Oregon.”

But just a week removed from the Redmond gathering, one member of Kotek’s Prosperity Council, real estate investor Jordan Schnitzer, expressed frustration with the governor’s actions, which he says are contradictory to the charge Kotek gave the panel: “to recommend actionable steps to accelerate Oregon’s economy, create good paying jobs, and recruit and grow Oregon’s businesses.”

Schnitzer, whose firm owns or operates 31 million square feet of real estate across 200 properties in six Western states, says Kotek’s position on Senate Bill 1507A, which would disconnect Oregon from certain tax cuts in President Donald Trump’s so-called One Big Beautiful Bill Act, is inconsistent with her prosperity message.

States have the option to follow federal tax cuts in Trump’s bill or to “disconnect” from some or all of the changes. Oregon typically applies changes in the federal tax code to state taxes, but this year has decided not to in the form of SB 1507A.

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Legislative number-crunchers calculated that remaining fully connected to the Trump tax cuts would cost Oregon nearly $900 million in tax revenue over the next two years. That estimate came at a time when looming cuts to Medicaid and food stamps already threatened the state’s 2025–27 budget.

In legislative testimony, advocates, such as the Oregon Education Association and the Oregon Center for Public Policy, argued that the state should fully disconnect from the Trump tax cuts because Oregon schools and social service programs need the money. Business groups, such as Oregon Business & Industry and the Oregon Farm Bureau, argued that bonus depreciation provided a valuable incentive for their members to make new investments and create jobs in Oregon.

Democratic lawmakers are taking a piecemeal approach with SB 1507A. The bill retains Trump’s tax cuts on tips and overtime income but disconnects from bonus depreciation. That change eliminates a tax cut for businesses worth $267 million over a two-year period.

Typically, businesses depreciate new capital investments—such as equipment, buildings and machinery—over a period of years. That allows them to deduct a portion of their capital investment from current income, reducing their taxes. Bonus depreciation (a tool previous presidential administrations have also used to stimulate the economy) allows the entire investment to be written off in the first year. Democrats say that creates an unacceptable hit to tax revenues; Republicans and businesses say it would help Oregon’s economy, which has stagnated.

Democrats hold supermajorities in both legislative chambers, of course, and the bill passed the Senate and then the House on Feb. 25, on party line votes. As the bill moved, some in the business community expressed their concerns directly to Kotek, who announced her support for the bill earlier this week.

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In a widely circulated Feb. 24 letter, Portland developer Bob Ball, part of a group Kotek and Portland Mayor Keith Wilson convened last year to brainstorm ideas to increase housing supply, cautioned Kotek that killing bonus depreciation is “putting another nail in our coffin.”

“I encourage you to exempt multifamily properties from SB 1507A,” Ball wrote. “I don’t think Oregon should decouple for any of the depreciation categories if we want to stay competitive in every industry, but the one industry I can say definitively will be hurt is housing production.”

Schnitzer told OJP he sent a similar message to Kotek on Feb. 25 via text.

“The only way to get out of the economic doom loop we are facing is by people coming and opening more businesses that pay good wages and paying their fair share of taxes,” Schnitzer says he told Kotek. “This bill creates a disincentive for businesses to invest in this wonderful state. Why would we do that?”

Schnitzer says other members of the Prosperity Council—he declined to say which ones—are also not happy with the governor’s position on bonus depreciation. Kotek did not immediately respond to his text message.

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A Kotek spokesman says the governor believes the Legislature took necessary steps to preserve some of the tax revenue Trump’s tax bill would otherwise have cut, without putting Oregon at a competitive disadvantage.

“In disconnecting Oregon’s state taxes from the bonus depreciation and deciding to allow businesses to depreciate their investments over the life of the investment rather than all at once up front, Oregon would align with more than 20 other states including Idaho,” says Kevin Glenn.

SB 1507A now heads to Kotek’s desk for her signature.





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Travel Oregon Seeks a New Boss at a More Reasonable Salary

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Travel Oregon Seeks a New Boss at a More Reasonable Salary


This story was produced by the Oregon Journalism Project, a nonprofit newsroom covering the state.

After some much needed sunlight on its operations, Travel Oregon is looking for a new chief executive—at a significantly lower salary.

Not long into a meeting last September of the Oregon House Committee on Economic Development, its chairman quoted from an OJP investigation about dysfunction at state-funded Travel Oregon and the oversized salary of its longtime executive director.

Then Rep. Daniel Nguyen (D-Lake Oswego) looked at the man sitting steps away at the witness table, Todd Davidson, the executive director whose base salary was more than $365,000 the year before.

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“How do you justify paying that salary?”

Offering an answer from the witness table was Scott Youngblood, an eight-year veteran of Travel Oregon’s oversight commission. He suggested that Davidson, who had announced he would leave the agency this summer, wasn’t overpaid. Rather, he was the “Michael Jordan” of travel marketing.

“Scrutiny, it’s coming,” Nguyen would go on to say about the 70-employee, $45 million a year agency. “That is what the public is asking for.”

Travel Oregon’s board of commissioners apparently listened to the concerns Nguyen and other lawmakers expressed after OJP reported that employees said the agency had a toxic work culture and delayed sending out $9 million in small grants for a year. In a unanimous vote last month, the nine commissioners approved a salary range of $235,000 to $255,000 for Davidson’s eventual replacement, far less than Davidson’s compensation and an amount more in line with directors of vastly larger business-aligned state agencies such as Business Oregon and the Department of Agriculture.

OJP’s investigation “helped spur conversations about Travel Oregon’s work in my committee, among others in the Capitol, and at the kitchen tables of Oregon families,” Nguyen said by email Monday.

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Travel Oregon, also known as the Oregon Tourism Commission, is funded by a statewide 1.5% tax on hotel stays. The governor appoints the nine members of its board to oversee an agency that spends about $45 million a year to promote Oregon tourism.

The issue of Davidson’s compensation has come up before. In 2020, the Secretary of State’s Office released an audit that focused on his high salary and those of his key staff. But nothing changed.

Today, the commissioners say they are looking for “a reset” at a time when international travel to Oregon is down and Portland-area tourism hasn’t fully recovered from business losses from the civic unrest after a Minneapolis policeman murdered George Floyd.

Candidates have until March 30 to apply for the top job promoting Oregon’s $14 billion-a-year tourism industry.

Nguyen and members of the Economic Development Committee will hear Wednesday from Greg Willitts, chair of Travel Oregon’s board of commissioners and president of FivePine Lodge and Spa in Sisters.

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“Travel Oregon is funded largely through tax dollars,” Nguyen said Monday, “and we expect results, transparency, and accountability from their operations.”

Willamette Week’s reporting has concrete impacts that change laws, force action from civic leaders, and drive compromised politicians from public office.

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Oregon among states suing Trump admin over changes to childhood vaccine recommendations

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Oregon among states suing Trump admin over changes to childhood vaccine recommendations


More than a dozen states, including Oregon, sued the Trump administration Tuesday over its rollback of vaccine recommendations for children, calling the move an illegal threat to public health.

The states argue that the Centers for Disease Control and Prevention put children’s lives at risk when it announced last month that it would stop recommending all children get immunized against the flu, rotavirus, hepatitis A, hepatitis B, some forms of meningitis and RSV. Under the new guidance, which was met with criticism from medical experts, protections against those diseases are recommended only for certain groups deemed high risk or when doctors recommend them in what’s called “shared decision-making.”

The new vaccine recommendations ignore long-standing medical guidance and will make states have to spend more to protect against outbreaks, the states, including Arizona and California, said.

“In Oregon, we’re already seeing the consequences of the federal government’s reckless actions and vaccine narrative,” said Oregon Attorney General Dan Rayfield in a news release. “Just last week, our state health officials declared a measles outbreak – with most confirmed cases linked to unvaccinated individuals. Preventable diseases are returning when we undermine public confidence in proven vaccines. We must trust science, trust doctors, and protect our children.”

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Emily G. Hilliard, press secretary for the Department of Health and Human Services, blasted the complaint as a “publicity stunt dressed up as a lawsuit.”

The lawsuit escalates an ongoing battle between Democratic-led states and Republican President Donald Trump’s administration over the federal government’s changes to public health policy under Health Secretary Robert F. Kennedy Jr. The Trump administration has laid off thousands of workers at federal public health agencies, cut funding for scientific research and altered government guidance on fluoride and other topics.

Kennedy last year ousted every member of a vaccine advisory committee and replaced them with his own picks, which Tuesday’s complaint alleges was unlawful.

The lawsuit comes months after the Democratic governors of California, Washington state and Oregon launched an alliance to establish their own vaccine recommendations. The governors said the Trump administration was risking people’s health by politicizing the CDC.

States, not the federal government, have the authority to require vaccinations for schoolchildren, though the CDC’s requirements typically influence state regulations.

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KATU contributed Rayfield quote to this story.



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