3 ms·

Oregon just voted to decriminalize all drugs

66 points by mhb 6y ago

silexia 6y ago
Can the federal government still enforce drug laws there?
- kingnothing 6y ago
  Yes, federal laws override state laws, but that would require federal agents on the streets to enforce them.
  - sneak 6y ago
    Recently there’s been a bit of a contentious issue involving federal cops on the street in Oregon cities, disobeying Oregon law, and violating human rights. The various federal police forces have a way of using selective enforcement as a weapon. It’s really terrible. It’s why I’m not as happy as I’d like to be about these sorts of developments. When the FBI can arrest you and throw you in jail for decades at will simply for doing something “totally legal, maaan” it’s a really worrying state of affairs.
    - WorldMaker 6y ago
      It's not supposed to be that the federal level can enforce laws without permission/cooperation from the states, even and especially if/when federal laws overrule state laws. But a lot of that of that control states used to have over such enforcement went out the window with the creation of the FBI, and before that with the surprisingly early invention of US Marshals and subsequent marshal law precedents (especially the amount of over-reach and expansion that happened in the "Old West" and "frontier justice", even if most of that was with state's permissions). It's a real head scratcher, though, how the party supposedly for "state's rights" and "constitutional originalism" seems to be the party of frontier justice federal enforcement over state's rights.
ianai 6y ago
This is something a US President can change unilaterally, nationally - I.e. regardless of who ever’s in the Senate. Not sure of the nuance, of course.
- jjeaff 6y ago
  Illicit drug possession is already federally illegal. And this law doesn't change that.
  - metiscus 6y ago
    Point is, I think, that since federal law enforcement is part of executive branch a president could issue an executive order prohibiting federal agents to make arrests or take actions for certain drug crimes in certain jurisdictions.
    - ianai 6y ago
      An executive order can reschedule drugs too.
      - metiscus 6y ago
        I'm not sure that is true in general. https://www.federalregister.gov/documents/2020/10/02/2020-19305/schedules-of-controlled-substances-placement-of-crotonyl-fentanyl-in-schedule-i https://www.federalregister.gov/documents/2020/10/02/2020-19...
Gunax 6y ago
Decriminalization is a sham. It's still a crime, and I don't just mean federally. Either it's okay to use cocaine or it isn't. If it's actually victimless then no harm was done and it should be legal.
- vb6sp6 6y ago
  > Decriminalization is a sham I always felt like it was a stepping stone. So not a perfect solution by at least a step in a better direction.
- perl4ever 6y ago
  Penalties or lack thereof for an action can cause a feedback loop which changes the context of that action.
LockAndLol 6y ago
> Advocates say Measure 110 replaces a criminal justice-centered approach to drugs with a public health one hat will happen when people are given the choice between a fine and rehab? If rehab is more expensive than a fine due to a lack of affordable healthcare, wouldn't this just be the equivalent of giving the choice between a fine and treatment + massive debt?

66 points by mhb 6y ago

silexia 6y ago

Can the federal government still enforce drug laws there?

kingnothing 6y ago
Yes, federal laws override state laws, but that would require federal agents on the streets to enforce them.
- sneak 6y ago
  Recently there’s been a bit of a contentious issue involving federal cops on the street in Oregon cities, disobeying Oregon law, and violating human rights. The various federal police forces have a way of using selective enforcement as a weapon. It’s really terrible. It’s why I’m not as happy as I’d like to be about these sorts of developments. When the FBI can arrest you and throw you in jail for decades at will simply for doing something “totally legal, maaan” it’s a really worrying state of affairs.
  - WorldMaker 6y ago
    It's not supposed to be that the federal level can enforce laws without permission/cooperation from the states, even and especially if/when federal laws overrule state laws. But a lot of that of that control states used to have over such enforcement went out the window with the creation of the FBI, and before that with the surprisingly early invention of US Marshals and subsequent marshal law precedents (especially the amount of over-reach and expansion that happened in the "Old West" and "frontier justice", even if most of that was with state's permissions). It's a real head scratcher, though, how the party supposedly for "state's rights" and "constitutional originalism" seems to be the party of frontier justice federal enforcement over state's rights.

ianai 6y ago

This is something a US President can change unilaterally, nationally - I.e. regardless of who ever’s in the Senate. Not sure of the nuance, of course.

jjeaff 6y ago
Illicit drug possession is already federally illegal. And this law doesn't change that.
- metiscus 6y ago
  Point is, I think, that since federal law enforcement is part of executive branch a president could issue an executive order prohibiting federal agents to make arrests or take actions for certain drug crimes in certain jurisdictions.
  - ianai 6y ago
    An executive order can reschedule drugs too.
    - metiscus 6y ago
      I'm not sure that is true in general. https://www.federalregister.gov/documents/2020/10/02/2020-19305/schedules-of-controlled-substances-placement-of-crotonyl-fentanyl-in-schedule-i https://www.federalregister.gov/documents/2020/10/02/2020-19...

Gunax 6y ago

Decriminalization is a sham. It's still a crime, and I don't just mean federally. Either it's okay to use cocaine or it isn't. If it's actually victimless then no harm was done and it should be legal.

vb6sp6 6y ago
> Decriminalization is a sham I always felt like it was a stepping stone. So not a perfect solution by at least a step in a better direction.
perl4ever 6y ago
Penalties or lack thereof for an action can cause a feedback loop which changes the context of that action.

LockAndLol 6y ago

> Advocates say Measure 110 replaces a criminal justice-centered approach to drugs with a public health one hat will happen when people are given the choice between a fine and rehab? If rehab is more expensive than a fine due to a lack of affordable healthcare, wouldn't this just be the equivalent of giving the choice between a fine and treatment + massive debt?