For a moment, Oregon was the only state in the country where possession of hard drugs wasn’t even a misdemeanor.
That’s over now — as of Sept. 1.
Why the Reversal?
The first answer is politics.
Voters approved Measure 110 in November 2020 by a wide margin, with 58.5% percent favoring the decision to decriminalize drug possession. Dealing remained illegal and people found with drugs could still be given a $100 ticket, which was like a parking ticket, carrying no criminal penalties.
But with rising overdose deaths and public use of drugs, voters appeared ready to reverse course within a few years of that historic vote. In a May 2023 poll, 63 percent of Oregonians supported making possession a crime again.
A well-funded group began an effort to put the issue back on the ballot. Earlier this year, the Legislature passed such a law, preempting the new ballot initiative.
What Were the Problems With Legalization?
Fentanyl hit the West Coast around the same time Oregon made possession legal. Studies have shown it wasn’t necessarily legalization that made overdose deaths skyrocket. Washington didn’t decriminalize drugs, but the state saw a similarly tragic spike.
There were, however, indisputable delays in rolling out drug treatment. Also, law enforcement reported there was no incentive for people to seek help, though there is debate about whose fault that was. (Portland police, for example, wrote few tickets.)
So It’s a Crime Again. Problem Solved?
House Bill 4002, which carries a penalty of up to six months in jail, provides chances for defendants to opt for treatment in lieu of jail. Counties around the state are working to create deflection centers. And there’s more than $211 million in new funding on the way for treatment.
The Criminal Justice Commission estimates there will be 1,333 new convictions each year for the sole crime of possessing such drugs as fentanyl, heroin, methamphetamine, or cocaine. It’s not clear right now how those cases will play out in Oregon courts that are already burdened by a shortage of public defenders. Many cases will continue to be dropped for lack of a defender.
Among Legislators who voted against HB 4002 were Black senators and representatives concerned about the disproportionate impact that the bill would have on people of color.
