Oregon Reinstates Criminal Penalties for Possession of Small Amounts of Drugs. What Prompted the Change?

Oregon Governor Tina Kotek recently signed House Bill 4002 into law, effectively reversing Measure 110, which had decriminalized possession of small amounts of illicit drugs in 2020. This new law makes it a crime once again to possess personal-use amounts of drugs such as heroin, methamphetamine, fentanyl, and oxycodone. Under Measure 110, offenders were given the option to attend a treatment center or pay a fine instead of facing jail time.

Supporters of Measure 110 argued that offering voluntary treatment would lead to better outcomes and lower relapse rates for drug offenders. They believed that mandatory jail or treatment would not be as effective and could hinder the ability of drug users to kick their habits, find jobs, or secure housing after being released from jail with criminal records. However, opponents felt that the measure allowed addiction to take hold by creating an environment that exacerbated the state’s ongoing drug problems.

The new provision under House Bill 4002 will go into effect in September, giving offenders the choice between being charged or opting for treatment. Offenders will need to complete a behavioral health screening and participate in a “deflection program” to avoid fines. Senate Majority Leader Kate Lieber, who worked on crafting the legislation, believes that Portland will begin to see a difference on the streets in the coming weeks as a result of this new law. However, local advocates have expressed concerns about potential racial disparities with recriminalization and the impact of the law on an already-burdened public defender shortage statewide.

The executive director of the Health Justice Recovery Alliance, Tera Hurst, has criticized House Bill 4002 as a costly step in the wrong direction. She stated that criminalizing addiction does not effectively address the issue, and when it becomes a crime again, individuals struggling with addiction may go back into the shadows, leading to potentially fatal consequences, especially with drugs like fentanyl. Governor Kotek has acknowledged these concerns and stated that her office will work closely with implementing authorities to address issues of racial equity and respond to the concerns raised by advocates about the impact of the law on communities of color.

House Bill 4002 marks a significant shift in drug policy in Oregon, moving away from the decriminalization approach of Measure 110 back towards criminalizing possession of small amounts of illicit drugs. While supporters of the new law believe that it will lead to better outcomes for drug offenders, opponents argue that it could worsen the state’s drug problems. The implementation of the new provision in September will provide offenders with a choice between being charged or undergoing treatment, with the goal of addressing addiction and reducing relapse rates. Concerns have been raised about potential racial disparities and the impact on the criminal justice system in Oregon as a result of this new legislation.