(The Center Square) – An Oklahoma state senator proposed a bill to strengthen penalties for repeat drug possession offenders while providing a second chance for those trapped by addiction.
State Sen. Micheal Bergstrom, R-Adair, filed Senate Bill 108, which would amend the Uniform Controlled Dangerous Substances Act to allow prosecutors to escalate drug possession charges to a felony after a third conviction. The bill also would allow users to avoid a felony conviction through the completion of drug court or a rehabilitation program.
If passed, Senate Bill 108 will change the charges of penalties for Schedule I and II drugs, which are considered the most dangerous drugs with a high probability of addiction, according to Oklahoma statutes. Substances such as methamphetamine, cocaine, fentanyl, heroin, hallucinogenic mushrooms, and prescription opioids are on these two lists.
Senate Bill 108 would exclude any penalties for marijuana. Medical marijuana was legalized in Oklahoma in 2018.
Bergstrom told The Center Square in an interview that Oklahoma communities have been struggling to deal with repeat offenders since the passage of State Question 780 in 2016, which made possession of any illegal drugs up to 25 grams a misdemeanor rather than a felony.
“The result of that is you can go to jail in a county jail for up to a year, but the problem is the county jails are full,” Bergstrom said. “If somebody does get arrested for drug possession, they can pay a fine and they’re out and do the same thing the next day and the next. Then, I’ve had people in law enforcement tell me they don’t even bother to take them in and fine them.”
While the national rate of meth addiction is at 0.6%, from 2019 to 2020 among adults 18 and older, meth addiction in Oklahoma is 1.6%, nearly double the national rate, according to data from the Healthy Minds Policy Institute.
Bergstrom said lawmakers need to start taking the drug crisis more seriously.
“Hopefully, people can realize that there are going to be consequences for those actions,” Bergstrom said. “They have the option to make their lives better and be a contributor to society rather than someone who is destroying their own lives and undermining society.”
Bergstrom said addicts are more likely to commit other crimes and put other people’s lives in danger.
“Children are more likely to be harmed by these people whose addiction is getting worse and worse,” Bergstrom said. “So my intent is to give opportunities to overcome their addictions and improve their lives, but, at the same time, protect the property and the lives of others.”
Bergstrom said his bill has the backing of the Oklahoma Municipal League and several community and tribal leaders.
Daniel McClure, general counsel of the Oklahoma Municipal League, told The Center Square in an email that cities and towns across the state are seeing a system that fails routine offenders and communities.
“Due to the passage of State Questions 780 and 781, loopholes have been created that allow repeat and habitual offenders to pay a fine and not be required to complete the very successful drug court treatment programs that exist in Oklahoma,” McClure said. “Instead of getting the treatment that individuals so desperately need, they return to the same environment and municipalities are forced to deal with the issues that are created by not treating the underlying problems.”
McClure said the Oklahoma Municipal League would support Senate Bill 108.
“Municipalities are seeing meth and cocaine cases come through their traffic courts and we are not equipped to administer treatment programs for these individuals,” McClure said.
via Oklahoma's Center Square News