(Salem, OR) – Governor Tina Kotek has officially signed House Bill 4002 into law, which not only allocates additional funding for substance abuse treatment but also reclassifies possession of small amounts of hard drugs as a misdemeanor effective September 1.
In her signing letter spanning three pages, Kotek seemed to acknowledge the complexities and challenges associated with a law that grants individual counties extensive authority to develop their own strategies for implementing this policy shift.
“The success of this policy framework relies on the commitment of implementing partners to engage in comprehensive coordination at all levels,” Kotek stated. “Courts, Oregon State Police, local law enforcement, defense attorneys, district attorneys, and local behavioral health providers all play crucial roles in these discussions and are essential partners in realizing the vision for this legislation.”
The bill received overwhelming support in the Oregon Legislature, passing with significant margins in February. It reverses a key aspect of Ballot Measure 110, which decriminalized possession of small amounts of hard drugs like cocaine, fentanyl, and methamphetamine, a measure Oregon voters approved in 2020.
“This legislation represents a departure from our position prior to Measure 110 — it’s a different approach,” Kotek remarked during a news conference in March. “Some argue that establishing a connection with local law enforcement serves as a beneficial motivator for certain individuals to seek treatment. The bill attempts to address this by ensuring individuals are directed towards treatment.”
Lawmakers and the governor anticipate that the legislation will facilitate greater access to treatment services for individuals struggling with substance abuse. The new law enables drug users who come into contact with law enforcement to opt for diversion into treatment programs rather than facing legal consequences.
However, the law permits a county-specific approach, a compromise made by lawmakers to garner support from law enforcement groups. While many Democrats had pushed for diversion to be mandatory, it remains optional under the bill.
Presently, officials in 23 out of Oregon’s 36 counties have agreed to some form of deflection program. However, the structure of these programs may vary significantly across counties or may be entirely absent in certain areas of the state. Despite concerns raised by the Legislature and the governor, state estimates suggest that hundreds of additional individuals could be incarcerated for misdemeanor drug possession under this law, potentially disproportionately affecting those of color.
Kotek and lawmakers have expressed apprehensions regarding the potential for disproportionate impacts on communities of color. The criminalization of drug possession in small amounts will necessitate additional resources for public defense, a matter directly addressed by the governor in her signing letter on Monday. Oregon has long struggled to meet its obligations under the U.S. and Oregon constitutions to provide legal representation to individuals charged with crimes who cannot afford an attorney. Presently, more than 2,500 individuals facing criminal charges lack access to a public defender, according to the Oregon Judicial Department.
“We must recognize that the number of unrepresented individuals in Oregon is likely to increase as a result of House Bill 4002,” Kotek emphasized.
One of the deficiencies of Measure 110 was the lack of training for law enforcement, particularly given the substantial policy shift resulting from the decriminalization of drugs.
