Oregon House of Representatives bill returns criminal penalties for possession of hard drugs

Oregon will make a major policy shift on September 1 when Act 4002 goes into effect, a significant reversal of Measure 110. The law would impose criminal penalties for possession of hard drugs.

Decriminalisation of drugs under Measure 110

Measure 110, passed in 2020, decriminalized possession of small amounts of several drugs, emphasizing treatment over criminalization. Lawmakers have been considering re-criminalizing possession of minor drugs for some time.

Nearly a year ago, a group of political leaders backed by some of Oregon’s wealthiest business owners confirmed they would push for a referendum to revise Measure 110 and re-criminalize drugs.

Governor Tina Kotek’s office previously stated that the Oregon Criminal Justice Commission estimates that there are 1,333 new convictions each year of people accused of possessing only a small amount of illegal drugs such as cocaine, fentanyl or methamphetamine.

An additional 533 people could be sentenced to prison each year if their probation is revoked for a drug offense.

Oregon House of Representatives bill seeks to reverse changes to Measure 110

In January, Kotek announced that she would sign House Bill 4002, which ends the voter-approved drug decriminalization experiment, Measure 110. Many of the changes introduced by Measure 110, particularly those affecting hard drugs such as heroin, methamphetamine and cocaine, are being reversed by House Bill 4002.

Possession of these substances will once again be a criminal offense. Supporters of the bill believe this will address concerns about public safety and drug abuse.

Supporters of House Bill 4002 say that creating a clear deterrent to public drug use will ensure that everyone is aware of the serious consequences of drug possession. The reinstated criminal penalties will potentially lead to a decrease in drug use and an improvement in public safety.

Under Measure 110, law enforcement had limited options and could only refer people to treatment programs. This left gaps in their ability to intervene, and local police officers have expressed support for the bill, saying the bill will give them the tools they need to more effectively address drug-related problems.

The return to criminalization was not without criticism. Opponents argued that it could undermine progress in treating drug addiction as a public health problem rather than a criminal problem.

It is believed that this approach could lead to increased incarceration rates for people with drug problems and potentially worsen economic and social problems.

At the beginning of this year’s legislative session, Kotek indicated that while she was open to a bill to re-criminalize drug possession, she was more interested in providing people with treatment options.