Tuesday, April 2, 2024
Image: Oregon State University.
On Monday, Oregon Governor Tina Kotek signed House Bill 4002, partially reversing the state’s drug decriminalization policy established by Measure 110, which was approved by voters in 2020. This legislation re-criminalizes the possession of hard drugs such as cocaine, methamphetamine, and fentanyl, marking the end of what was considered an experiment in drug decriminalization. The bill received broad support from both Democrats and Republicans in the Oregon legislature, emphasizing a shift towards a more balanced approach that combines treatment for individuals struggling with addiction and accountability through criminal charges. The new law becomes effective September 1.
The changes introduced by House Bill 4002 aim to address concerns with Measure 110, particularly the rising number of drug overdoses and the need for more effective addiction treatment and recovery options. Under the new legislation, possessing small amounts of hard drugs will become a misdemeanor crime, potentially leading to jail sentences for some offenders, although there is a provision for sentences to be served in treatment facilities under certain conditions. This legislation seeks to improve the state’s ability to provide treatment to those who need it, despite challenges in meeting the demand for addiction services in the past.
The legislation allocates $211 million dollars to fund new and expanded programs designed to deflect offenders away from the criminal justice system towards addiction treatment plans, emphasizing the growth and enhancement of treatment facilities and recovery houses. It grants individual counties the autonomy to decide the extent and manner of utilizing these programs. Of Oregon’s 36 counties, 23 have so far committed to set up deflection programs. Governor Kotek emphasized that the Oregon Department of Corrections will “exhaust non-jail opportunities for misdemeanor sanctions.”
The decision to re-criminalize some drugs has been met with mixed reactions, reflecting a broader debate on how best to address drug addiction and its related social and health issues. The bill also includes provisions to make it easier for prosecutors to charge drug dealers, aiming to target the supply side of the drug crisis as well.
Governor Kotek has expressed her commitment to ensuring that the bill’s implementation remains focused on balancing the need for treatment with the necessity of holding individuals accountable for drug possession. The emphasis is on creating better outcomes for those struggling with addiction while addressing the public safety concerns that have arisen since the initial decriminalization under Measure 110.
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