Reluctantly, Oregon Gets Tough On Pot Possession Of Small Amount Of Drug Now Nets Jail Time

Gov. John Kitzhaber reluctantly signed a bill Thursday to make possession of small amounts of marijuana a crime.

Currently, possession of less than an ounce of the drug is a violation, punishable by a maximum fine of $1,000. The new law makes it a class C misdemeanor, carrying a maximum penalty of 30 days in jail and a $1,000 fine.

In 1973, Oregon became the first state to repeal criminal sanctions for possessing less than an ounce of marijuana. Since then, offenders have been given a citation, similar to a traffic ticket.

Kitzhaber, a Democrat, said he had mixed feelings about whether the new law would do any good.

“On one hand, at a time when juvenile drug use is a growing problem, it is important to reinforce our message to young people that the possession of drugs is against the law,” he said.

Then again, he said, law enforcement officials have told him that about 80 percent of marijuana cases still will be treated as violations.

“Thus, while a major symbolic change in our law, I believe that the individual impact of this legislation will be marginal,” Kitzhaber said.

Rep. John Minnis, who sponsored the legislation, said the law might cause people to think twice before experimenting with drugs.

“You can’t do much with people who are die-hard marijuana users,” the Portland Republican said. “But I think most young people do not want a criminal record.”

R. Keith Stroup, executive director of the National Organization for the Reform of Marijuana Laws, strongly criticized Oregon’s action.

“This law will cost Oregonians millions in already scarce law enforcement resources that should be focused on violent crime, broadly expand powers of law enforcement and reduce the privacy rights of citizens and needlessly criminalize tens of thousands of otherwise law-abiding Oregonians who smoke marijuana,” Stroup said.

Many Democratic legislators railed against the bill as an empty and misdirected attempt to crack down on drugs. During a spirited floor debate in the Senate, Sen. Bill Dwyer, D-Springfield, said the law would give police officers an opportunity to abuse civil rights.

Kitzhaber disagreed, saying the law will help police stop people, especially juveniles, who are engaging in more serious criminal activity.