Oregon Reverses Course on Drug Decriminalization
People in Oregon that are caught by police could be faced with misdemeanor charges for possessions of illegal drugs starting September 1, 2024. Oregon’s Democratic Governor Tina Kotek has signed into law a bill (House Bill 4002) that marks a significant shift in the state’s drug policy. The new legislation, signed on Monday, April 1, 2024, recriminalizes the possession of small amounts of drugs (such as fentanyl and heroin), effectively ending the state’s pioneering experiment with drug decriminalization due to challenges in implementation.
The law overturns a 2020 voter-approved measure (Measure 110), reverting to treating personal use possession of drugs as a misdemeanor punishable by up to six months in jail. It also established provisions for offering treatment as an alternative to criminal penalties, encouraging the development of deflection programs by law enforcement agencies. These programs tried to divert individuals towards addiction and mental health services rather than the criminal justice system.
Governor Kotek emphasized the importance of collaboration between various stakeholders, including courts, law enforcement, mental health providers, and defense attorneys, to ensure the success of the law. She described them as essential partners in realizing the legislation’s vision.
Measure 110 Overturned
The 2020 voter-approved Measure 110, which had passed with 58% support, had decriminalized personal use possession of illicit drugs, opting for tickets and fines instead of incarceration. However, challenges arose in effectively allocating funds from cannabis tax revenue towards addiction services, compounded by the onset of the COVID-19 pandemic and the rise in fentanyl related overdoses.
In response to mounting pressures, Oregon Democrats shifted their stance on drug decriminalization, with some historical supporters of Measure 110 backing the new law. Despite opposition from some Democratic lawmakers, the Legislation House Bill 4002 was passed during this year’s short legislative session, ultimately receiving approval from the Democrat controlled Legislature.
The signing of the law by Governor Kotek has drawn reactions from GOP leaders, who had long advocated for revising Measure 110. House Minority Leader Jeff Helfrich highlighted the Republicans’ unity in pushing for the restoration of criminal penalties in drug possession cases. Is this Bill too little, too late? We will see how this plays out for residents of Oregon and beyond their border.