This bill would decriminalize possessing small amounts of hard drugs in RI. Does it have support?

PROVIDENCE - In 2021, the governor, attorney general and some legislators applauded a new law that reclassified possession of small amounts of hard drugs like heroin and cocaine down to misdemeanors, saying the emphasis should be on treating people with drug additions, not prosecuting them.

Now, state Rep. Jose F. Batista, of Providence, wants Rhode Island to take the next step and do what only Oregon has tried before: decriminalize possession of small amounts of those drugs, including fentanyl.

What would be the punishment for possessing hard drugs?

Possession would become a civil violation under his bill (H7315), punishable by a $100 fine for the first offense and up to $300 for subsequent offenses.

Repeat offenders would also have to complete drug counseling and community service.

“There is a difference between people who are dealing drugs and people who are using and have them in their possession,” said Batista.

The bill, he said, is an attempt to “help advance the cause of pushing us toward treatment and rehabilitation as opposed to punishment.”

Oregon may swing back to recriminalizing drugs

But Batista is aware of what’s happening in Oregon.

Months ago, state lawmakers there moved to roll back portions of that state’s first-in-the-nation drug decriminalization law after rampant public drug use during that state’s fentanyl crisis soured support for the measure, which had won approval of 58% of Oregon voters in 2020.

Just this month, Oregon lawmakers passed bills that now make drug possession a misdemeanor, punishable by up to six months in jail, and using drugs on public transit vehicles a misdemeanor, punishable by up to a year in jail, according to a report by Oregon Public Broadcasting. 

Batista says his bill isn’t perfect and what’s happening in Oregon “is a good example of something we can learn from. I’m hoping and willing to work with colleagues who have good ideas and try to push this in the direction of treatment and rehabilitation as opposed to punishment.”

More: RI's first overdose prevention site has a location. Here's what to know.

AG's office not on board with decriminalizing

In September 2021, Attorney General Peter Neronha supported the new law that declassified hard drugs from felonies down to misdemeanors, emphasizing people suffering drug addictions needed treatment, not to end up in prison and continue the cycle of drug use and arrests.

“I believe that possession of small amounts of drugs for personal use is much more a public health issue than a law enforcement one,” he said.

But Neronha said this week he opposes Batista’s bill to decriminalize hard drugs.

Through a spokesman, Neronha said “As we are currently seeing elsewhere in the country, this type of legislation is not a silver bullet in the battle against substance use disorders.”

“Legislation that decriminalizes dangerous drugs, and potentially increases their use and availability, could have an adverse impact on our continued efforts to protect Rhode Islanders during this crisis,” Neronha said.

Gov. Dan McKee also supported the reclassification of hard drugs. Regarding Batista’s bill, his spokeswoman said, “the governor will review the details of this legislation should it reach his desk this session.”

Contact Tom Mooney at: tmooney@providencejournal.com

This article originally appeared on The Providence Journal: Could RI decriminalize hard drugs? New bill is pushing for civil penalties