On September 1st, Oregon marked a significant shift in its approach to drug use by reinstating criminal penalties for drug possession. This decision, enacted through House Bill 4002, effectively reverses the state’s nearly four-year experiment with decriminalization, which had aimed to address drug use as a public health issue. The timing of this shift, coming just after International Overdose Awareness Day, has drawn sharp criticism from advocacy groups who argue that the new law will exacerbate the very problems it was designed to solve.
The new law, signed by Governor Tina Kotek in April, introduces misdemeanor charges for possessing small amounts of drugs like fentanyl and methamphetamine, effectively undoing the key provisions of Measure 110. Measure 110, passed by Oregon voters in 2020, aimed to redirect individuals struggling with drug use towards treatment rather than incarceration. However, concerns about the measure’s implementation and its perceived failure to reduce overdose deaths prompted lawmakers to revert to a more punitive approach.
House Bill 4002 introduces “deflection programs” intended to guide individuals toward treatment rather than jail. However, these programs are optional and lack consistent implementation across the state. According to the Drug Policy Alliance (DPA), only 28 of Oregon’s 36 counties have sought state funding to implement these programs, and many are not yet operational. This fragmented approach raises concerns that many individuals will be left without adequate access to treatment, potentially leading them back to the criminal justice system.
Advocacy groups argue that the reinstatement of criminal penalties represents a step backward, resurrecting failed drug policies that disproportionately impact communities of color. Lindsay LaSalle, managing director of policy at the DPA, states, “Make no mistake, H.B. 4002 is taken from the same drug war playbook that has failed us for decades: cycle people in and out of jails, spend more resources on law enforcement that could go towards services people need, and saddle people – especially people of color – with criminal records that act as barriers to housing, employment, benefits, and education for the rest of their lives.”
Critics also point to the state’s ongoing shortage of public defenders, potentially leading to drug possession cases being dismissed without individuals being connected to support services. Furthermore, despite the return to criminal penalties, Oregon’s treatment infrastructure remains underdeveloped, with significant gaps in services such as residential treatment and withdrawal management. For instance, a planned deflection center in Multnomah County has faced delays, highlighting the state’s unpreparedness to implement comprehensive deflection programs effectively. This leaves police in the position of potentially arresting and detaining drug users until a deflection team can intervene.
The decision to recriminalize drug possession comes at a sensitive time, just after a day dedicated to honoring those lost to overdose. Critics argue that this shift could signify a return to a controversial era that many hoped was over. They continue to advocate for investments in public health solutions, emphasizing that support services, not punishment, are key to saving lives.
