Oregon House Bill Reverts To Hard Drug Possession Criminal Penalties

In a significant walkback of Measure 110, Oregon will undergo an important policy shift on September 1, as House Bill 4002 comes into effect. The bill sets out criminal penalties for possession of hard drugs.

 

Drug Decriminalization Of Measure 110

Passed in 2020, Measure 110 decriminalized the possession of small amounts of several drugs, emphasizing treatment over criminalization. Lawmakers have been contemplating recriminalizing minor drug possession for some time.

Almost a year ago, a group of political leaders backed by some of Oregon’s wealthiest business owners, confirmed they would push a ballot measure to overhaul Measure 110 and recriminalize drugs.

Governor Tina Kotek’s office said earlier that estimates from the Oregon Criminal Justice Commission suggest that there are 1,333 new convictions every year for people whose only criminal charge is possessing a small amount of illicit drugs like cocaine, fentanyl, or methamphetamine.

A further 533 people annually could get jail sentences after having their probation for a drug charge revoked.

 

Oregon House Bill To Undo Measure 110 Changes

In January, Kotek announced she would sign House Bill 4002, ending the Measure 110 drug decriminalization experiment approved by voters. Many of the changes enacted by Measure 110, especially those relating to hard drugs such as heroin, methamphetamine, and cocaine will be reversed under Hous Bill 4002.

Possession of these substances will again be subject to criminal charges. Supporters of the bill believe this will address concerns about public safety and drug misuse.

By creating a clear deterrent against public drug use proponents of House Bill 4002 say the approach will ensure that everyone is aware of the serious consequences associated with drug possession. The reinstated criminal penalties will potentially lead to reduced drug use and improved public safety.

Under Measure 110, law enforcement had limited options and could simply refer people to treatment programs This left gaps in their ability to intervene and local police officials have voiced their support for the bill. They indicated that the bill will give them the necessary tools to address drug-related issues more effectively.

The shift back to criminalization was not without criticism with opponents arguing that it could undermine progress made in treating drug addiction as a public health issue, not a criminal issue.

It is thought this approach could lead to increased incarceration rates of people struggling with substance abuse, and could potentially worsen economic and social challenges.

Kotek indicated at the start of this year’s legislative session that while she was open to a bill that recriminalized drug possession, she was more interested in opportunities to get people treatment.

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