Page 4
March 6, 2024
Lawmakers Pass
Bill to Recriminalize
Drug Possession
Oregon Gov. Tina Kotek speaks during a signing ceremony in
Washington, Friday, Feb. 23, 2024. (AP Photo/Susan Walsh, File)
Responding to
the Deadliest
Overdose Crisis
in U.S. History
AP-A bill recriminalizing the
possession of small amounts of
drugs was passed by the Oregon
Legislature on Friday, undoing
a key part of the state’s first-in-
the-nation drug decriminalization
law as governments struggle to
respond to the deadliest overdose
crisis in U.S. history.
The state Senate approved
House Bill 4002 in a 21-8 vote
after the House passed it 51-7 on
Thursday. The bill now heads to
the desk of Gov. Tina Kotek, who
said in January that she is open to
signing a bill that would roll back
decriminalization, Oregon Public
Broadcasting reported.
“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 Democratic Senate
Majority Leader Kate Lieber, of
Portland, one of the bill’s authors,
adding that its passage will “be
the start of real and transformative
change for our justice system.”
The measure makes the possession
of small amounts of drugs such
as heroin or methamphetamine a
misdemeanor, punishable by up to
six months in jail. It enables police
to confiscate the drugs and crack
down on their use on sidewalks
and in parks. Drug treatment is
to be offered as an alternative to
criminal penalties. The bill also
aims to make it easier to prosecute
people who sell drugs. It increas-
es access to addiction medication,
and to obtain and keep housing
without facing discrimination for
using that medication.
Decriminalization of person-
al-use amounts of drugs, OK’d by
voters in 2020 under Ballot Mea-
sure 110, was supposed to move
hundreds of millions of dollars of
marijuana tax revenues into drug
treatment and harm reduction pro-
grams. That didn’t translate into
an improved care network for a
state with the second-highest rate
of substance use disorder in the
nation and ranked 50th for access
to treatment, according to an au-
dit report released in 2023. And
with Oregon experiencing one of
the nation’s largest spikes in over-
dose deaths, Republican pressure
intensified, and a well-funded
campaign group called for a ballot
measure that would further weak-
en Measure 110. Researchers have
said it was too soon to determine
whether the law contributed to the
overdose surge, and supporters of
the decriminalization measure say
the decades long approach of ar-
resting people for possessing and
using drugs didn’t work. Lawmak-
ers who opposed the bill voiced
those concerns. Some called it a
return to the war on drugs that dis-
proportionally impacted and im-
prisoned millions of Black men.
Democratic Sen. Lew Fred-
erick, of Portland, one of four
Black senators, said the bill had
too many flaws and that testimony
on the bill heard again and again
was that substance use disorder
requires primarily a medical re-
sponse. “I’m concerned that it (the
bill) will attempt to use the same
tactics of the past, and fail, only
to reinforce the punishment narra-
tive that has failed for 50 years,”
he said, adding that the measure
could move more people into
the court system without making
them healthier.
The Asante Rogue Regional Medical Center is pictured in Medford, Ore., on Jan. 4, 2024. The first
lawsuit filed Monday, Feb. 26, 2024, brought amid reports that a nurse at the southern Oregon
hospital replaced intravenous fentanyl drips with tap water seeks up to $11.5 million on behalf of
the estate of a 65-year-old man who died.
Lawsuit Seeks Up to
$11.5M over Allegations
A wrongful
death suit was
filed Monday
against Asante
(AP) — The first lawsuit
brought amid reports that a
nurse at a southern Oregon
hospital replaced intravenous
fentanyl drips with tap wa-
ter seeks up to $11.5 million
on behalf of the estate of a
65-year-old man who died.
The wrongful death suit
was filed Monday against As-
ante Rogue Regional Medical
Center in Medford, The Ore-
gonian/OregonLive reported.
It also names nurse Dani Ma-
rie Schofield as a defendant.
Last month, Medford po-
lice disclosed that they were
investigating potential crimes
against patients involving the
theft of “controlled substanc-
es,” which may have led to
“adverse” outcomes for some.
Fentanyl is a powerful syn-
thetic opioid that has helped
fuel the nation’s overdose ep-
idemic, but it is also used in
legitimate medical settings to
relieve severe pain. Drug theft
from hospitals is a longstand-
ing problem. Police declined
to provide more information.
Schofield agreed to a volun-
tary nursing license suspen-
sion last November “pending
the completion of an investi-
gation,” according to Oregon
Board of Nursing records. No
charges have been filed.
Justin Idiart, a southern
Oregon lawyer, told The Or-
egonian/OregonLive that he
represents nine clients whose
medication was swapped out,
and five others have reached
out for possible representation.
They include the loved ones of
patients who died as well as
some who survived. All of his
clients were treated by Schof-
ield, he said. Other local law
firms also have been exploring
litigation. Attorneys say they
expect as many as three dozen
cases could be filed.
The hospital did not imme-
diately return an email from
The Associated Press seeking
comment Tuesday. The AP
could not immediately locate
contact information for Scho-
field, and it was not clear if
Schofield is represented by
an attorney.
“We were distressed to learn
of this issue,” Asante said in
a statement last month. “We
reported it to law enforce-
ment and are working closely
with them.”
Idiart filed the lawsuit in
Jackson County Circuit Court
over the death of Horace E.
Wilson, who died in Febru-
ary 2022. Wilson, the founder
of a cannabis company called
Decibel Farms in Jacksonville,
Oregon, was treated at the hos-
pital after he fell off a ladder.
He suffered bleeding from his
spleen and had it removed.
But doctors then noted
“unexplained high fevers,
very high white blood cell
counts, and a precipitous de-
cline,” the complaint said.
Tests confirmed an infection
of treatment-resistant bacte-
ria, Staphylococcus epider-
midis. Wilson progressed to
multi-system organ failure
and died weeks later.
Idiart said patients who
were deprived of medication
suffered as a result of the
medication diversion. In Wil-
son’s case, his family believed
he was in pain even though he
was supposed to be sedated,
Idiart said.
Asante last December con-
tacted Medford police regard-
ing a former employee “that
they believe was involved
in the theft of fentanyl pre-
scribed to patients resulting
in some adverse patient out-
comes,” the complaint said.
That month, hospital repre-
sentatives “began contacting
patients and their relatives
telling them a nurse had re-
placed fentanyl with tap water
causing bacterial infections,”
it said.