Oregon's pioneering venture into drug decriminalization is set to conclude as possessing small amounts of hard drugs will once again be deemed a criminal offense starting Sunday. The state legislature, led by Democrats, passed a law in March to reverse the measure approved by voters in 2020, which had decriminalized possession of illicit drugs like heroin, subjecting offenders to a ticket and a maximum $100 fine. The initial measure aimed to allocate cannabis tax revenue towards addiction services, but delays in fund distribution coincided with a surge in deadly overdoses due to the fentanyl crisis and challenges in establishing a new treatment system amidst the COVID-19 pandemic.
The new law, supported by Republican lawmakers who had opposed decriminalization, reclassifies personal use possession as a misdemeanor punishable by up to six months in jail. It seeks to empower law enforcement to address drug use in public spaces and imposes stricter penalties for drug sales near areas such as parks.
Advocates of decriminalization argue that treatment is more effective than incarceration in aiding individuals in overcoming addiction, highlighting the failure of the long-standing approach of arresting drug possessors and users. The new law introduces avenues for treatment as an alternative to criminal sanctions, encouraging counties to develop diversion programs towards addiction and mental health services based on their resources.
Currently, 28 out of Oregon's 36 counties have applied for grants to support deflection programs, with the Oregon Criminal Justice Commission set to distribute over $20 million in grants over the next year. However, concerns have been raised regarding the varying deflection programs across counties, potentially leading to confusion and inequity in policy implementation.
While some counties plan to defer filing drug possession charges during program completion, others have established specific criteria for deflection eligibility, such as absence of other charges, warrants, or violent behavior. The disparities in deflection programs have raised apprehensions about the complexity and unpredictability of the system for individuals using drugs.
Experts emphasize the need to bolster treatment capacity to support the success of deflection programs, especially considering the strain that a potential surge in drug cases could place on Oregon's legal system. Lawmakers acknowledge the challenges and variations in county resources, expressing optimism while recognizing the substantial work required to navigate the evolving landscape of drug policy in the state.
Over the past four years, Oregon has invested over $1.5 billion to expand treatment capacity, with plans to introduce more than 350 new beds next year. Despite these efforts, the state still faces a significant shortfall of up to 3,700 beds to address existing gaps and meet future demand.
