Oregon Reinstates Criminal Penalties for Hard Drug Possession, Shifting from 2020 Decriminalization

Oregon is reversing its previous decriminalization of hard drug possession, reinstating criminal penalties for those caught with substances like fentanyl, heroin, and methamphetamine. This shift follows the state’s 2020 decision to become the first in the U.S. to decriminalize small amounts of hard drugs, but a new law, HB4002, will reintroduce criminal consequences starting Sunday.

The law offers individuals caught with small quantities of these drugs a choice between facing possession charges or participating in mandated treatment programs, which involve completing a behavioral health program to avoid fines.

Under the new law, possession of drugs for personal use will be classified as a misdemeanor, carrying a potential punishment of up to six months in jail. Although the law emphasizes treatment over incarceration, it does not require counties to establish alternative treatment options, leaving the implementation of such programs at the discretion of local authorities.

The law also aims to address the increasing public drug use problem by making it easier for law enforcement to intervene and by imposing stricter penalties for drug sales in public areas, including parks.

To qualify for diversion into a treatment program instead of facing charges, individuals must meet stringent criteria. They must not have any other charges, outstanding warrants, or a history of violent behavior, and they must be medically stable.

If someone meets these requirements, law enforcement will connect them with a mobile behavioral health team via the county’s deflection dispatch line. However, if the outreach team cannot respond within 30 minutes, the individual may still be taken to jail, a process that has raised concerns about inequities in the system.

Critics argue that the new law’s complexity and variability across counties could create confusion and inconsistencies in enforcement. With each county having different resources and rules, drug users may struggle to navigate the system and face potential criminal penalties.

Despite these concerns, 28 of Oregon’s 36 counties have applied for grants to support deflection programs, with over $20 million in funding expected to be distributed by the state’s criminal justice commission over the next year.

Supporters of the law, such as Democratic state representative Jason Kropf, acknowledge the challenges ahead but remain hopeful about the new approach. Kropf expressed optimism that the law could lead to better outcomes for individuals struggling with addiction while also recognizing the significant work required to implement these changes effectively across the state.