Oregon Drug Decriminalization In Jeopardy: Bill To Reverse Policy Awaits Gov. Kotek's Approval Amid Controversy

Oregon lawmakers passed a bill seeking to reform the state’s approach to drug possession and addiction treatment. House Bill 4002, designed to counteract the fentanyl crisis and amend aspects of the voter-approved Measure 110, is now awaiting Governor Tina Kotek’s signature.

Legislative Consensus To Reintroduce Penalties

The bipartisan effort resulted in a Senate vote of 21-8, closely following a 51-7 vote in the House. HB 4002 proposes to reintroduce criminal penalties for the possession of small quantities of drugs, in a bid to funnel more individuals into treatment programs rather than prison. 

This shift represents a significant departure from the decriminalization approach established by Measure 110 in 2020. “I can't stress enough that inaction is not an option,” emphasized State Senate Majority Leader Kate Lieber (D), co-chair of the joint addiction committee, who guided the bill through both chambers, as reported by the Oregon Capital Chronicle. She highlighted the critical need to confront the urgency of addressing problematic drug use and overdose deaths in Oregon.

Concerns Over Inequality And Treatment Services

Despite the legislature’s intent to balance enforcement with expanded access to treatment, critics argue the bill could worsen inequalities and undermine progress in addiction services. Under Measure 110, over $276 million in cannabis tax revenue has been allocated to increase access to treatment and harm reduction services.

Voices Of Opposition: The Case Against Recriminalization

“This recriminalization is dangerous… More than 50 years of evidence demonstrates that locking people up for possessing drugs or forcing them into court-ordered programs does not end drug use, but it does increase harms, including death,” warned Kassandra Frederique, executive director of the Drug Policy Alliance, on The Daily Beast, emphasizing the failure of punitive approaches to address drug-related issues effectively.

BREAKING: OR set to recriminalize drugs, return to failed approach of arresting/jailing people. 
Lawmakers have blamed Measure 110 (which decriminalized drugs, invested in addiction services) for their failures to address the housing crisis, overdose, & other public suffering.…

— Drug Policy Alliance (@DrugPolicyOrg) March 2, 2024

A Comparative Look: Lessons From Washington State

Comparisons to Washington State, where similar policies have not curbed fentanyl-related deaths, suggest that the bill may not achieve its intended outcomes. “The data is very clear that the biggest impact on overdose has been the entry of fentanyl into drug markets,” Dr. Alex Kral, an epidemiologist at RTI International, told Willamette Week, raising questions about the effectiveness of criminalization in combating drug crises.

The Impact On Marginalized Communities

Furthermore, the bill’s critics, including civil rights organizations and advocates, argue that it will disproportionately harm marginalized communities. Oregon Capital Chronicle also reports the ACLU of Oregon and other opponents highlighted the potential for increased racial disparities and questioned the adequacy of treatment program funding and accessibility.

Governor Kotek’s decision on HB 4002 will mark a pivotal moment for Oregonians and the future of drug policy reform in the U.S., as the state’s pioneering approach to drug decriminalization could be about to change.

Photo by Kindel Media.