Oregon is reversing course on its 2020 decision to decriminalize the possession of small amounts of hard drugs, reinstating criminal penalties under a new law, HB4002, set to take effect on Sunday.

The new legislation marks a significant reversal in terms of the state's approach to drug possession, offering offenders a choice between facing criminal charges or enrolling in treatment programs, as Fox News reports.

In 2020, Oregon voters approved a ballot measure that decriminalized possession of small amounts of hard drugs, including fentanyl, heroin, and methamphetamine.

This measure was hailed as a pioneering move toward treating drug addiction as a public health issue rather than a criminal one. However, the state's latest move to recriminalize these substances highlights growing concerns about public safety and the effectiveness of the previous approach.

New Law Aims to Address Public Safety Concerns

HB4002, the law responsible for this policy reversal, allows those caught with small amounts of hard drugs to choose between being charged with a misdemeanor or enrolling in a treatment program.

Under the new law, personal-use possession will be classified as a misdemeanor, carrying a penalty of up to six months in jail. This change is intended to give law enforcement more tools to combat public drug use, particularly in areas where it has become a significant issue.

The legislation does not mandate, but strongly encourages, counties to set up treatment alternatives designed to divert offenders from the criminal justice system. These alternatives are part of a broader effort to balance the need for public safety with the goal of addressing drug addiction through treatment rather than punishment.

Treatment Options Come with Strict Criteria

For those opting for treatment instead of criminal charges, the process is not without its hurdles. Offenders must meet stringent eligibility criteria to avoid charges, including having no other charges, no outstanding warrants, no history of violent behavior, and being medically stable.

Portland Police Chief Bob Day emphasized the importance of these criteria, stating, "Offenders who choose treatment programs will have to meet strict eligibility criteria to avoid charges, mandating that those caught in possession have 'no other charges, no warrants, no violent behavior, medically stable.'"

The process for connecting eligible offenders with treatment is designed to be swift but is not without potential complications. Police officers will contact a mobile behavioral health outreach team via the county's deflection dispatch line. If the behavioral health personnel cannot respond within 30 minutes, the offender will be taken to jail, a process that Day acknowledged as less than ideal.

"If the behavioral health people cannot be there within 30 minutes, we’re going to go to jail. We’re not able to just wait around," he said. "There is certainly a lack of equity in that. But I would argue that it’s not necessarily common. I’m not saying it’s right."

Varying Approaches Across Counties

One of the challenges posed by HB4002 is the variability in how the law will be implemented across Oregon’s counties. Kellen Russoniello, director of public health at the Drug Policy Alliance, expressed concern about the lack of consistency. "It’s going to be this very complicated system, where essentially people who use drugs won’t know their rights and what to expect, because it’s different in every single county. Whether or not you are connected to services or you are just churned through the system will depend very heavily on where you happen to be in the state," Russoniello said.

Despite these concerns, the law has garnered significant support from local governments. Twenty-eight out of Oregon's 36 counties have applied for grants to fund deflection programs, which are central to the law’s implementation. Over the next year, more than $20 million in grants will be provided by the state's criminal justice commission to support these efforts.

Stiffer Penalties for Public Drug Sales

In addition to targeting individual drug users, HB4002 introduces stiffer penalties for those caught selling drugs in public places, such as near parks. These enhanced penalties reflect the state’s commitment to reducing the availability of drugs in areas that are particularly vulnerable, such as neighborhoods with high foot traffic or locations frequented by children and families.

State officials believe these measures will help curb the public health crisis that has emerged in the wake of the 2020 decriminalization. However, the effectiveness of these changes remains to be seen, particularly given the varying levels of readiness among counties to implement treatment programs.

Conclusion

Oregon's decision to recriminalize the possession of small amounts of hard drugs represents a significant shift in its drug policy, three years after decriminalization was first enacted.

The new law, HB4002, offers a dual approach, allowing offenders to choose between facing criminal charges or entering treatment programs, albeit with strict eligibility criteria.

While the law aims to address public safety concerns and reduce public drug use, its implementation is likely to vary significantly across the state, raising questions about its overall effectiveness.

As the law takes effect, the state will watch closely to see whether this new approach can strike the right balance between enforcement and treatment.