Oregon’s Gov. Kotek signs bill reversing Measure 110 and recriminalizes hard drugs

SALEM — Oregon Gov. Tina Kotek has signed a bill that will once again make it a crime to be caught with small amounts of hard drugs, essentially marking the end of the state’s short-lived and controversial experiment with drug decriminalization.

As expected, Kotek signed HB 4002, which passed with bipartisan support in both the House and Senate during the recent legislative short session. All Eastern Oregon State Senators and House Representatives voted yes. 

Measure 110 was the 2020 voter-approved law that decriminalized possession of small amounts of hard drugs in Oregon.

The new law gives people the choice between being charged and treatment when they are caught carrying drugs like fentanyl and meth. Treatment includes completing a behavioral health screening and participating in a “deflection program” in order to sidestep fines.

A person charged with the misdemeanor would initially face an 18-month probation period, with the possibility of up to 30 days in jail if they violate their probation or up to six months for more serious violation. Offenders could be released from jail early to attend drug treatment. The recriminalization portion goes into effect Sept. 1.

The bill also creates a framework for “deflection” programs, which would be set up on a county-by-county basis at the discretion of local prosecutors and police. In counties that choose to set it up, the program would give law enforcement the option to refer a person to a behavioral health and treatment program instead of sending them into the court system.

In Eastern Oregon, Baker, Grant, Harney, Morrow and Umatilla Counties signed on to the diversion approach.

Critics of HB 4002 have argued that decriminalization will be a step backward for Oregon and will undo progress made in reducing racial disparities associated with drug enforcement.

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Elkhorn Media Group

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