Oregon Reinstates Criminal Penalties for Drug Possession

LOS ANGELES- In a landmark reversal, Oregon Governor Tina Kotek has endorsed House Bill 4002, reintroducing criminal penalties for possession of controlled substances such as fentanyl, heroin, and methamphetamine. This action marks a departure from the state’s previously decriminalized stance on drug possession under Measure 110, a voter-approved initiative from 2020.

The new law, set to take effect on September 1, mandates misdemeanor charges for individuals found with controlled substances, pivoting away from the previous policy that aimed to decriminalize drug possession and promote rehabilitation over incarceration. The Oregon legislature showed strong bipartisan support for the bill, with the Senate passing it 21-8 and the House approving it 51-7, signaling a significant shift in the state’s approach to handling drug possession and addiction.

Under the provisions of House Bill 4002, law enforcement will gain the authority to press misdemeanor charges for drug possession, a move that underscores the state’s refocused efforts on public safety and health. This legislative change follows a public sentiment shift, with a 2023 survey indicating that 56% of Oregonians disapproved of the decriminalization law.

Governor Kotek, in statements accompanying the bill’s signing, emphasized the integration of “pre-arrest deflection” strategies, aiming to prioritize rehabilitation and addiction services over jail time for offenders. This approach seeks to address the concerns surrounding the increase in drug-related incidents and fatalities, notably with Oregon experiencing a significant rise in fentanyl overdose deaths since the implementation of Measure 110.

Critics of the reversal, including some lawmakers and liberal commentators, argue that this move could reignite issues related to the criminal justice system’s handling of drug offenses and potentially exacerbate the challenges faced by communities of color. In contrast, proponents, including Republican leaders, have hailed the legislation as a necessary step to address the state’s drug crisis and advocate for further actions to enhance public safety and health outcomes.

House Bill 4002 represents a pivotal moment in Oregon’s drug policy, balancing the enforcement of drug laws with the imperative to provide effective treatment and rehabilitation options. As the state navigates the complexities of implementing this new law, the focus remains on reducing drug misuse while ensuring fair and compassionate treatment for those affected by addiction.