Drug possession is once again a felony in Oregon. Here’s what you need to know

Earlier this year, state lawmakers rolled back key provisions of House Bill 110, the voter-approved initiative that decriminalized drugs nearly four years ago.

Here’s what Oregonians need to know as the new law goes into effect.

What happened to Bill 110?

In 2020, Oregon voters approved Ballot Measure 110, which decriminalized possession of small amounts of drugs like fentanyl and methamphetamine in the state. Under 110, drug users no longer received criminal penalties but instead received a $100 ticket that could be waived if the recipient received a needs assessment.

The idea behind the measure was to move people with substance use disorders away from the punishment-focused criminal justice system and toward rehabilitation and treatment. But in the four years since its passage, it has been authoritatively deemed a failure, leading to more open drug use and blamed for an increase in overdoses. OPB and ProPublica investigation It was determined that this was in part due to state leaders failing to enforce the measure’s effectiveness.

While some parts of Measure 110 remain in effect, lawmakers have made significant changes. House Bill 4002 is in effect, Governor Tina Kotek signed the bill into law on April 1.Possession is again a felony under the new law, but the bill was also intended to fulfill the promise of treatment set forth in Measure 110. The bill allocated millions of dollars for counties to set up so-called “diversion programs” to do just that.

What is deflection?

Deflection is a collaborative effort between law enforcement and mental health providers to divert drug users into treatment and out of the criminal justice system. But how it works will depend in the approach of each district.

For example: In Baker County, law enforcement officers will provide “instructions, rights and options” to people in possession of drugs, but it will be largely up to the individual whether to seek a diversion, according to an application filed with the state office.

Meanwhile, in Deschutes County, when a person is referred to the diversion program, staff will meet them where they are, as requested by the county. Once the staffer arrives, officers will release the person from custody and immediately conduct a preliminary screening.

What is my district doing?

Twenty-eight of Oregon’s 36 counties have applied for state funding to launch diversion programs. Half of the participating counties said their programs would be ready by Sept. 1, while others will take months to get their programs up and running.

Most of these counties will only allow people charged with drug possession to participate in the diversion program. While some counties will consider other minor disorderly conduct offenses that may be related to addiction, most will not include them in their eligibility criteria.

Can anyone refuse to participate in the distraction?

Yes. Diversion programs are voluntary, not mandatory. In some places, that probably means the person with drugs will end up in jail.

But HB 4002 offers other options. If a person refuses to participate in sentencing reversal, prosecutors can seek conditional discharge, under which a person’s criminal charges would be dismissed if they complete treatment, probation or even prison time.

Will treatment be available?

It depends. While the goal of recriminalization, like Measure 110, is to provide people with access to drug treatment and services, there are ongoing capacity issues across the state. the latest study by the Oregon Health Authority determined that the state must invest an additional $850 million over five years in mental health bed capacity to meet projected needs.

In some places, while services may be available, they may not meet the needs of all people seeking care. In Washington County, behavioral health officials said they offer services during normal business hours — Monday through Friday, 9 a.m. to 5 p.m. — but outside of that, options are limited.

“There are currently no resources for sobriety in Washington County. There is very limited residential treatment, there is no publicly funded drug treatment,” said Nick Ocón, department manager at Washington County Behavioral Health.

While county officials and others work to get other services online, it may take time to get people the care they need.