What to know about the recriminalization of drugs in Oregon
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Possession of illicit drugs such as fentanyl, heroin and meth will once again be a misdemeanor in Oregon starting Sunday, as the state ends its first-in-the-nation, four-year experiment with decriminalization.
Why it matters: The move aims to address the state's worsening addiction and overdose crisis. How it will play out, however, varies county by county.
Catch up quick: Back in March, lawmakers in the Oregon Legislature overwhelmingly approved the reversal of a key component of the 2020 voter-approved Measure 110, which decriminalized possession of small amounts of illegal drugs.
- The one aspect that remains intact from Measure 110 is the provision to use cannabis tax revenue to fund treatment programs and services.
The big picture: The bill, HB4002, goes into effect Sunday, and includes a provision that counties are able to set up optional deflection programs.
- The goal is connecting drug users with treatment, instead of imposing criminal penalties.
- 28 out of 36 counties have applied for state funding set aside by the Legislature to set up a deflection program.
- Only half of those counties will have programs up and running by the time drug possession is once again a crime. Multnomah County, Oregon's most populous, is not one of them.
What they're saying: "We knew these programs would look different, and I think we actually encouraged it," state Rep. Jason Kropf, a former prosecutor who co-sponsored HB4002, said during a deflection program grant meeting earlier this month.
Between the lines: The state did not issue guidelines for such programs, so access to treatment will depend on eligibility requirements and funding, which could increase the likelihood of jail time in some counties.
- In some cases, on-the-ground law enforcement officers will be responsible for determining if a person is eligible for deflection.
Zoom in: In Multnomah County, anyone stopped by law enforcement for possession — and who has not committed other crimes — can avoid jail by agreeing to an initial treatment screening at a proposed deflection center in Portland's Central Eastside.
- Opening of the deflection center was delayed until late October in order to "meet critical staffing levels."
- Until then, Portland Police Chief Bob Day said officers will arrest anyone caught with drugs outside the hours of 8 a.m. to 8 p.m and take them to jail.
- Multnomah County will deploy behavioral health and peer support staff to meet law enforcement on the street via mobile outreach.
The bottom line: The Oregon Criminal Justice Commission estimated that recriminalization could add 1,523 cases per year into the state's overburdened system, which is also facing a public defender crisis.
- Plus: By its own accounting, Oregon has to add 3,000 more residential treatment beds for those with behavioral health and substance use disorders to meet its growing needs over the next few years.