Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs
Mentioned in
Portland City Council takes another look at banning public drug consumption
“The proposal, crafted by Mayor Ted Wheeler and Commissioner Rene Gonzalez, is meant to discourage public drug use on Portland streets, a trend that has become increasingly common since 2020. That’s when voters approved Measure 110…”
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Portland can ban drinking in public, but not smoking meth or fentanyl. Oregon law is to blame.
“In Portland, it’s illegal to crack a beer or smoke marijuana on sidewalks or in a city park. But state law enshrines people’s right to consume fentanyl, meth, heroin and other hard drugs on public property.”
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Source:
Section 430.402 — Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs, https://www.oregonlegislature.gov/bills_laws/ors/ors430.html
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Where city ordinance prohibiting public drinking is general ban on drinking in public rather than partial or selective ban targeting certain locations, hours or types of alcohol, ordinance is not preempted by this section. State v. Uroza-Zuniga, 364 Or 682, 439 P3d 973 (2019)
Attorney General Opinions
Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647