Oregon law to reverse drug decriminalization takes effect, making possession a crime again

PORTLAND, Ore. – Oregon's first experiment in drug decriminalization ends on Sunday. Then possession of small amounts of hard drugs will once again be a crime.

The Democratic-controlled House passed the recriminalization bill in March, revamping a measure approved by 58% of voters in 2020 that made possession of illegal drugs such as heroin punishable by a fine of up to $100. The measure channeled hundreds of millions of dollars from cannabis tax revenue to addiction services, but the money has been slow to flow into coffers at a time when the fentanyl crisis has caused a surge in fatal overdoses and health officials — grappling with the COVID-19 pandemic — have struggled to maintain the new treatment system, state auditors found.

The new law, which takes effect on Sunday and was passed with the support of Republican lawmakers who have long opposed decriminalization, makes so-called personal possession a misdemeanor punishable by up to six months in prison. It is designed to make it easier for police to crack down on drug use in public and introduces tougher penalties for selling drugs near places like parks.

Proponents of decriminalization say that treatment helps people overcome their addiction and that jail time is more effective than prison time. And the decades-long approach of arresting people for drug possession and use has not been successful.

The new law creates alternatives to criminal justice policies. However, it only encourages counties to develop programs that divert people from the criminal justice system and provide them with addiction and mental health services. Supporters of the law say it allows counties to develop programs that fit their resources. Opponents, however, say it could lead to a confusing and unfair patchwork of policies.

So far, 28 of the state's 36 counties have applied for grants to fund diversion programs, according to the Oregon Criminal Justice Commission. The commission expects to disburse more than $20 million in grants over the next year.

Jeff Helfrich, Republican minority leader in the Oregon House of Representatives, voted for the bill but expressed concern that counties would not have enough time to set up their programs.

“I think we are unfortunately setting people up for failure,” he said.

Multnomah County, the state's most populous county and home to Portland, plans to open a temporary center in October where police can drop off people who have committed no crimes other than drug possession. There, nurses and social workers will evaluate people and refer them to treatment. Until then, county mental health services staff will assist local law enforcement to connect people with services. However, people could still be sent to jail for a variety of reasons, including if those staff take longer than a half hour to respond, officials said.

“The criteria for dismissal are very narrow: no other charges, no arrest warrants, no violent behavior, medically stable,” said Portland Police Chief Bob Day.

However, in other counties, people who possess drugs while also being suspected of minor misdemeanors such as trespassing may be barred from prosecution. Many counties plan to wait to file drug possession charges while people complete programs.

The differences between county diversion programs are concerning, said Kellen Russoniello, public health director at the Drug Policy Alliance.

“It's going to be a very complicated system where drug users don't know their rights and don't know what to expect because it's different in every single county,” he said. “Whether you're connected to services or just funneled through the system depends very much on where you are in the state.”

He also said that a potential increase in new drug cases could further strain Oregon's legal system, which already faces a critical shortage of public defenders, and that the focus, he said, needs to be on increasing treatment capacity.

“If these diversion programs are to be successful, we really need to focus on making these services available to people,” he said.

One of the bill's lead authors, Democratic Rep. Jason Kropf, said each district faces unique challenges and resources, and lawmakers will watch “what works in different parts of the state.”

“I am optimistic and full of hope,” he said. “But I am also aware that there is still a lot of work ahead of us.”

According to a recent report from the Oregon Health Authority, lawmakers have invested more than $1.5 billion over the past four years to expand treatment capacity. While that has funded more than 350 new beds that are expected to open next year, the report found the state still needs up to 3,700 beds to fill gaps and meet future needs.