Oregon Recriminalizes Drugs: Critics Warn Of Widening Public Health Gaps Amid The Measure's Rollback

On September 1, Oregon officially reinstalled criminal penalties for drug possession under House Bill 4002, ending a nearly four-year experiment with drug decriminalization. This shift, which ironically comes just a day after International Overdose Awareness Day, is drawing sharp criticism from advocacy groups, who argue that the new law will exacerbate the very issues it was meant to solve.

Rollback Of Ballot Measure 110: A Pivot From Public Health To Punishment

House Bill 4002, signed by Governor Tina Kotek (D) on April 1, reintroduces misdemeanor charges for possessing small amounts of drugs, such as fentanyl and methamphetamine, effectively rolling back the key provisions of ballot Measure 110, which Oregon voters passed in 2020. Measure 110 sought to address problematic drug use as a public health issue, redirecting individuals towards treatment rather than incarceration. However, criticisms of the measure's implementation and its perceived failure to reduce overdose deaths led lawmakers to pivot back to a more punitive approach.

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Oregon’s Deflection Programs And Its Patchy Implementation

The new law also introduces “deflection programs,” intended to steer individuals into treatment rather than jail. Yet, these programs are optional and vary widely in their application across the state. According to the Drug Policy Alliance (DPA), only 28 of Oregon's 36 counties have sought state funding to implement such programs, and most are not yet operational. This patchwork approach has raised concerns that many individuals will be left without meaningful access to treatment, instead cycling through the criminal justice system.

Measure 110 had major successes but was scapegoated by corporate interests & drug war defenders. It provided over $300M for health services and increased the number of people entering voluntary treatment by 205%.

These successes can't be downplayed or attributed to H.B. 4002.

— Drug Policy Alliance (@DrugPolicyOrg) September 1, 2024

Advocates Condemn Revival Of Failed Policies

Advocacy groups argue that H.B. 4002 is a step backward, reviving the failed drug policies that have disproportionately affected communities of color. “Make no mistake, H.B. 4002 is taken from the same drug war playbook that has failed us for decades: cycle people in and out of jails, spend more resources on law enforcement that could go towards services people need, and saddle people – especially people of color – with criminal records that act as barriers to housing, employment, benefits, and education for the rest of their lives," said Lindsay LaSalle, managing director of policy at the DPA. Critics also highlight the state's ongoing shortage of public defenders, which could result in many drug possession cases being dismissed without connecting individuals to any support services.

Oregon's Treatment Infrastructure Lags Behind Needs

Despite the reinstatement of criminal penalties, Oregon's treatment infrastructure remains underdeveloped, with significant gaps in services such as residential treatment and withdrawal management. For example, a deflection center was planned in Multnomah County, but its opening has been delayed, as detailed by the OPB. 

Similarly, most of Oregon's counties are either unprepared or unwilling to implement comprehensive deflection programs by the law's effective date. Meanwhile, police will arrest and possibly detain drug users until a deflection team can intervene.

Just after the day meant to honor those lost to overdose, Oregon's decision to recriminalize drug possession could mean going back into the controversial era that many hoped had ended. Advocates continue to call for investment in public health solutions, arguing that support services, not punishment, is the key to saving lives.

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