First TriMet drug arrest made under new law after alleged fentanyl smoking on MAX train

PORTLAND, Ore. (KOIN) – After Oregon lawmakers passed a bill to deter drug use on public transportation, the Multnomah County District Attorney's Office marked the first arrest for the crime on Tuesday.

According to court documents, a sergeant with Multnomah County Sheriff's Office was working a mission on Tuesday related to people smoking narcotics on the TriMet system.

The sergeant boarded a MAX train in plain clothes at the Convention Center Transit Station, where he saw two people sleeping on the floor of the train -- including a woman later identified in court documents as 35-year-old Bethany Zipfel.

DON'T MISS: New Oregon law cracks down on TriMet public drug use

The sergeant noticed Zipfel fidgeting with something on her lap before she hid her face in her jacket. He later heard a blow torch lighter click, noting these lighters are commonly used for smoking fentanyl, authorities said.

The officer began to notice a “chemical smell” and saw Zipfel with a straw in her hand, noting both are also tied to fentanyl use.

After alerting transit deputies of the alleged narcotics use, deputies arrested Zipfel on several charges including interfering with public transportation and recklessly endangering another person.

Deputies later found other drug paraphernalia, including burnt foil with residue (which later tested positive for fentanyl), plastic straws and hollowed-out pens.

The arrest comes after the Oregon legislature passed Senate Bill 1553 last year, which was among Oregon laws that took effect in 2025.

The law expanded the crime of interfering with public transportation to include drug use on public transit.

The crime is considered a Class A Misdemeanor, which is punishable by a jail sentence of up to 364 days, a $6,250 fine, or both.

Because this is a drug-designated Class A misdemeanor, the law opens access to state-funded treatment for people convicted of the crime in “many cases,” lawmakers said.

Under the law, a person caught using drugs could be sent to a deflection center instead of jail. But that will be up to Multnomah County District Attorney Nathan Vasquez on a case-by-case basis.

“If this law is broken, my office will prosecute it. Period,” Vasquez previously said. “People that are using these control services that are releasing really a noxious and dangerous substance into a very oftentimes confined area, endangering people that have no desire to be anywhere near that, including children. So, this office does not support those types of cases going to deflection. And quite frankly, that will be my decision.”