Oregon, a state that made headlines in 2020 by becoming the first in the nation to decriminalize possession of small amounts of hard drugs, has now reversed course and recriminalized these offenses. This change comes as a result of a new law, HB4002, which takes effect on Sunday, and seeks to address the ongoing drug crisis by offering individuals caught with drugs a choice between a misdemeanor charge or participating in treatment programs.
Under the new law, possession of small amounts of hard drugs like fentanyl, heroin, and meth will be a misdemeanor punishable by up to six months in jail. However, the legislation encourages counties to establish treatment alternatives as a way to divert offenders away from the criminal justice system. This means that instead of facing jail time, individuals could opt for mandated behavioral health programs, potentially avoiding fines.
The recriminalization effort is driven by concerns about the rising visibility of drug use in public spaces, a problem that has become more prominent in certain areas of the state over the past few years. The new law also introduces harsher penalties for selling drugs in public places, such as near parks.
The treatment programs offered under the new law come with strict eligibility criteria. According to Portland Police Chief Bob Day, individuals must have “no other charges, no warrants, no violent behavior, [and be] medically stable” to qualify. Chief Day acknowledged that this could create inequalities, stating, “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.”
Despite the potential for positive change, critics of the new law argue that its complexity and inconsistencies could lead to confusion among drug users who face possible criminal penalties. They point out that each county will have its own unique resources and rules, creating a patchwork system that could leave individuals unsure of their rights and the consequences they may face.
Kellen Russoniello, director of public health at the Drug Policy Alliance, expressed concern, stating, “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.”
While critics raise valid concerns about the potential for confusion and disparities, supporters of the new law, like Democratic state representative Jason Kropf, remain optimistic about the direction the state is taking. Kropf expressed hope, saying, “I have optimism, and I have hope. I’m also realistic that we have a lot of work ahead of us.”
As Oregon embarks on this new approach to addressing the drug crisis, only time will tell whether the recriminalization of hard drug possession will achieve its intended goals of reducing drug use in public spaces and providing effective treatment alternatives for individuals struggling with addiction. The ongoing debate highlights the complex challenges facing policymakers as they strive to find solutions to the multifaceted issue of drug use and addiction in the United States.
