Oregon Reverses Course – State to Recriminalize Hard Drug Possession Amid New Law

That didn’t last for long…  Governor Tina Kotek emphasized the need for a coordinated approach to implementing the new law, highlighting the importance of collaboration between courts, law enforcement, and health providers to balance treatment and accountability. She mentioned, “Success of this policy framework hinges on the ability of implementing partners to commit to deep coordination at all levels”​opb

Oregon, known for its progressive drug policies, is set to reintroduce criminal penalties for possession of hard drugs like fentanyl, heroin, and meth under a new law taking effect this Sunday. This marks a significant shift from the state’s 2020 decision to decriminalize possession of small amounts of these substances, a first in the nation.

Oregon reverses course and recriminalizes possession of hard drugs including fentanyl and heroin https://t.co/sixnJ9lzlI pic.twitter.com/CvgwO9N3bT

— New York Post (@nypost) September 2, 2024

The new legislation, HB4002, presents a dual approach: those caught with small amounts of hard drugs can face a misdemeanor charge punishable by up to six months in jail, or opt for treatment programs as an alternative. This latter option includes mandatory completion of a behavioral health program to sidestep fines, aiming to divert offenders from the criminal justice system. However, these treatment routes are encouraged rather than mandated across counties.

Senator Tim Knopp, a Republican leader, described the bipartisan nature of the bill and stressed that it was a response to the public’s demand for a change. He emphasized the importance of listening to the will of Oregonians in addressing drug addiction and public safety concerns​ opb

Under the new framework, law enforcement will have enhanced capacity to address public drug use, which has escalated in visibility across the state. The law also tightens penalties for selling drugs in sensitive areas like near parks.

Oregon reverses course and recriminalizes drug possession: Oregon, which became the first state in the country to decriminalize possession of a small amount of hard drugs, is reversing course and recriminalizing… https://t.co/6vZdW8hLVO #3329c57829a85cd9a407851c9b001640 #fnc pic.twitter.com/4RmXhpTo99

— Politic-tees (@Politic_Tee) September 1, 2024

For offenders opting for treatment, strict eligibility criteria apply. According to Portland Police Chief Bob Day, individuals must have no other charges, warrants, or history of violent behavior and must be medically stable. If eligible, officers will contact a county’s deflection dispatch to connect the offender to a mobile behavioral health team. If this team cannot respond within 30 minutes, the individual will be taken to jail, a contingency that Chief Day acknowledges lacks equity but is seen as necessary under the circumstances.

Critics argue that the law’s complexity could confuse drug users due to varying resources and regulations across Oregon’s counties. Kellen Russoniello, a public health director at the Drug Policy Alliance, voiced concerns about the inconsistent application of the law, suggesting it could lead to unequal treatment depending on the county.

Oregon Law Rolling Back Drug Decriminalization Set to Take Effect and Make Possession a Crime Again. pic.twitter.com/w0HFfLoChP

— Network Axis Group (@NetAxisGroup) September 1, 2024

Despite these challenges, some lawmakers, including Democratic State Representative Jason Kropf, remain hopeful about the law’s potential to balance public safety with health-oriented solutions for addiction. The state has already begun funding initiatives to support this shift, with 28 of Oregon’s 36 counties applying for grants to establish deflection programs, totalling over $20 million from the state’s criminal justice commission planned for release in the upcoming year.

Major Points:

• Oregon is reversing its policy by recriminalizing possession of hard drugs like fentanyl, heroin, and meth, with a new law taking effect Sunday, following its pioneering decriminalization in 2020.
• The new law, HB4002, allows individuals caught with small amounts of hard drugs to choose between criminal prosecution or entering treatment programs to avoid jail time.
• Enhanced penalties are introduced for public drug use and selling drugs near sensitive areas like parks, aiming to address the increasing visibility of drug use in public spaces.
• The law sets strict eligibility criteria for opting into treatment programs, requiring individuals to have no other charges, be medically stable, and not exhibit violent behavior.
• Critics argue the law’s complexity might lead to confusion and unequal application across counties, depending on local resources and regulations.

Susan Guglielmo – Reprinted with permission of Whatfinger News