Oregon has decided to recriminalize possession of hard drugs such as fentanyl, heroin, and meth after initially decriminalizing them in response to a 2020 ballot measure. The new law, HB4002, gives individuals caught with small amounts of hard drugs the option to choose between criminal charges or treatment programs that include completing a behavior health program to avoid fines. Possession for personal use will now be considered a misdemeanor punishable by up to six months in jail, with the law encouraging counties to set up treatment alternatives. The law also introduces stiffer penalties for drug sales in public places.
The new law will make it easier for police to crack down on drug use in public, a problem that has become widespread in some parts of Oregon. To avoid charges, those caught in possession must have no other charges, warrants, violent behavior, and must be medically stable. If eligible, individuals can choose to participate in a deflection program, in which officers will connect them with a mobile behavioral health outreach team within 30 minutes. However, detractors argue that the law is too complicated, with each county having different resources and rules that could confuse drug users facing possible criminal penalties.
Many counties in Oregon have applied for grants to fund deflection programs, with over $20 million in grants set to be released by the state’s criminal justice commission in the next year. However, the director of public health at the Drug Policy Alliance expressed concerns that the system may be overly complex, leading individuals who use drugs to be unsure of their rights and expectations. The effectiveness of the law may heavily depend on where individuals are located within the state, as services and outcomes could vary significantly from county to county.
Democratic state representative Jason Kropf, a supporter of the law, remains optimistic about the new direction for the state. He acknowledges that there is still much work to be done, but believes that the changes implemented by the new law are a step in the right direction. Overall, the decision to recriminalize possession of hard drugs in Oregon represents a major shift in the state’s approach to drug policy. While some believe that the law will be beneficial in addressing drug-related issues, others are concerned about potential complications and disparities that could arise as a result of the new legislation.
