(Rightallegiance.com) – Starting Sunday, Oregon will reinstate state criminal penalties for possessing hard drugs like fentanyl, heroin, and methamphetamine. This change comes as the state reverses its 2020 decision to decriminalize small amounts of these substances, a policy introduced through a ballot measure.
The new legislation, known as HB4002, allows individuals caught with small quantities of hard drugs to choose between facing criminal charges or enrolling in treatment programs. Those who opt for treatment will be required to complete a behavioral health program to avoid fines.
Under this law, possession of drugs for personal use will now be classified as a misdemeanor, carrying a potential sentence of up to six months in jail. The law also encourages, but does not obligate, Oregon counties to establish alternative treatment options to help divert offenders from the traditional criminal justice system.
The legislation aims to address the growing issue of public drug use in certain areas of the state, making it easier for law enforcement to manage these situations. It also enforces stricter penalties for selling drugs in public spaces, such as parks.
Portland Police Chief Bob Day mentioned that offenders opting for treatment must meet specific criteria to qualify, including having no additional charges, no outstanding warrants, no violent behavior, and being medically stable.
When someone caught with hard drugs opts for and qualifies for a deflection program, officers will contact their county’s deflection dispatch line to connect them with a mobile behavioral health outreach team.
“If the behavioral health team can’t arrive within 30 minutes, the person will be taken to jail. We can’t just wait indefinitely,” said Day. “While this isn’t entirely fair, I wouldn’t say it’s a common occurrence. That doesn’t make it right, though.”
Critics of the new law argue that it’s overly complicated, pointing out that each county will have different resources and guidelines, which could lead to confusion for drug users facing potential criminal charges.
According to the report, 28 of Oregon’s 36 counties have applied for grants to support deflection programs, with over $20 million in funding expected to be distributed by the state’s criminal justice commission in the coming year. “It’s going to create a complex system where people who use drugs might not know their rights or what to expect, as it varies from county to county,” Kellen Russoniello, the director of public health at the Drug Policy Alliance, told the Guardian. “Whether someone receives services or is simply processed through the system will largely depend on their location within the state.”
Meanwhile, Democratic state representative Jason Kropf, a proponent of the law, remains hopeful about its potential.
“I’m optimistic and hopeful,” Kropf told the Guardian. “But I’m also aware that we have a lot of work ahead of us.”