Oregon 2023 Regular Session

Oregon Senate Bill SB988

Introduced
2/22/23  
Refer
2/23/23  

Caption

Relating to fentanyl; declaring an emergency.

Impact

The introduction of SB988 is expected to strengthen the state's approach to managing the fentanyl crisis by imposing stricter penalties and creating a clearer legal framework regarding fentanyl-related offenses. By delineating specific offenses related to fentanyl and their corresponding penalties, the bill aims to deter illegal activities involving the substance, particularly in vulnerable areas like schools. This legislative move reflects a consensus among lawmakers regarding the urgency of addressing the fentanyl epidemic and protecting youth, which could lead to a more secure environment for students and communities. However, the law's implications for individuals caught in possession of fentanyl, especially for those struggling with addiction, might provoke further discourse regarding proportionality in sentencing and rehabilitation options.

Summary

Senate Bill 988 focuses on enhancing the penalties and legal framework surrounding fentanyl-related offenses in the state of Oregon. The bill proposes to separate the possession, delivery, and manufacture of fentanyl from the general controlled substance offenses, establishing specific penalties for various actions involving fentanyl. Possession of over a specified amount can result in imprisonment for up to 364 days and fines up to $6,250, while unlawful delivery of fentanyl, especially to minors, carries a more severe punishment of up to 20 years in prison and fines up to $375,000. The bill also introduces new provisions that establish offenses related to fentanyl delivery and manufacture within school zones, enhancing protections for minors.

Sentiment

The sentiment surrounding SB988 is a mix of urgency and caution. Supporters of the bill, which include state legislators and advocates against drug abuse, view the legislation as a necessary measure to combat the growing fentanyl crisis and to enhance community safety. This sentiment echoes concerns about the rising number of overdoses and drug-related incidents. However, there are voices of caution raised by certain advocacy groups and legal experts, who argue that while the bill's intentions are commendable, the focus on punitive measures may overshadow the need for comprehensive addiction treatment options and support systems.

Contention

One notable point of contention regarding SB988 is the establishment of mandatory minimum sentences for delivery offenses, especially when directed toward minors. Critics argue that such hardline approaches do not adequately address the complexities of substance abuse and often lead to disproportionately harsh outcomes for individuals with addiction. Additionally, the enhancements for penalties within school zones have raised alarms regarding their potential impact on minor infractions that could unjustly burden youth with criminal records. The debate reflects broader discussions in the community about the balance between safety, effective deterrence, and the promotion of rehabilitative rather than purely punitive justice.

Companion Bills

No companion bills found.

Similar Bills

OR SB507

Relating to fentanyl; declaring an emergency.

OR HB2645

Relating to controlled substances; and declaring an emergency.

OR SB236

Relating to controlled substances; declaring an emergency.

WV SB536

Relating generally to controlled substance criminal offenses

WV HB4493

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IA SSB1096

A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors, providing for immunity; and providing penalties.(See SF 508.)

IA HSB104

A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors, providing for immunity; and providing penalties.(See HF 595.)

OR SB670

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