Oregon governor signs a bill recriminalizing drug possession into law
On April 1, 2024, Oregon Governor Tina Kotek signed House Bill 4002 into law, effectively recriminalizing the possession of small amounts of certain controlled substances. This legislation marks a significant shift in Oregon’s drug policy, reversing a key provision of Ballot Measure 110 passed by voters in 2020. Measure 110 decriminalized possession of illicit drugs like heroin, cocaine, and methamphetamine, making them civil violations punishable by a fine only.
In a signing letter, Kotek said the law’s success will depend on “deep coordination” between courts, police, prosecutors, defense attorneys and local mental health providers, describing them as “necessary partners to achieve the vision for this legislation.”
House Bill 4002: Key Provisions
- Recriminalization: Possession of controlled substances in usable quantities for personal consumption becomes a Class A misdemeanor, punishable by up to six months in jail, a fine of up to $3,600, or both.
- Treatment Emphasis: The bill allocates new funding for substance abuse treatment programs. Law enforcement agencies are encouraged to create deflection programs that divert individuals caught with drugs towards treatment options instead of prosecution.
- Implementation Timeline: The recriminalization provisions take effect on September 1, 2024.
Background: The Decriminalization Experiment
Measure 110, approved with over 58% of the vote, aimed to address the state’s addiction crisis by shifting focus from punishment to treatment. However, implementation issues arose. Limited treatment resources hampered the program’s effectiveness, and concerns emerged regarding increased public drug use and public safety.
Arguments for Recriminalization
Proponents of House Bill 4002 argue that decriminalization failed to deliver on its promises. They cite:
- Inadequate Treatment Infrastructure: The lack of readily available treatment options rendered the decriminalization policy ineffective in addressing addiction.
- Public Safety Concerns: Increased reports of public drug use and associated criminal activity fueled arguments for stricter enforcement.
- Unintended Consequences: Critics argued decriminalization normalized drug use and discouraged individuals from seeking help.
Arguments Against Recriminalization
Opponents of the bill express concerns that it represents a step backward in drug policy reform. They argue:
- The Criminal Justice System is Ineffective: They believe criminalization disproportionately impacts low-income communities and people of color, hindering access to treatment.
- Focus on Treatment, Not Incarceration: Opponents advocate for increased investment in treatment programs over incarceration, which they view as counterproductive.
- Limited Bill Impact: Critics argue the bill’s treatment funding is insufficient and may not effectively address the root causes of addiction.
The Road Ahead
House Bill 4002 represents a compromise approach, attempting to balance public safety concerns with treatment availability. The success of this legislation hinges on several factors, including:
- Effective Implementation: Establishing accessible, well-funded treatment programs is crucial to diverting individuals from the criminal justice system.
- Police Discretion: Law enforcement agencies will need clear guidelines on implementing the deflection programs and how to interact with individuals struggling with addiction.
- Data Collection and Analysis: Monitoring the program’s impact on public safety, treatment utilization, and recidivism rates will be essential for evaluating its effectiveness.
Oregon’s policy shift reflects the ongoing national debate on drug policy reform. The coming months will be crucial in determining whether House Bill 4002 offers a viable solution to the state’s addiction crisis.
Real Questions from Real Calls
Question: I think I found a bag with some Fentynal in my yard??
Answer: Get far away and call the police. Even though we battle the police in a court of law there is still a need for them. Unless you want to pick it up and find out.
In 2023 the overdose death rate topped 112,000 in a 12 month period for the first time, according to the Centers for Disease Control and Prevention. Dec 28, 2023 (Still left out 3 days)
Related Articles
$87 million in adult-use marijuana payments to be sent out across Michigan
The Michigan Department of Treasury today announced that more than $87 million is being distributed among 269 municipalities and counties as a part of the Michigan Regulation and Taxation of Marijuana Act. Over the next few days, 99 cities, 30 villages, 69 townships...
Protest about marijuana and tobacco sales to kids
Protest about marijuana and tobacco sales to kidsWatch the report here on Channel 7 WXYZ TV Detroit (who disabled the embedding feature)Related ArticlesMore Posts
Michigan: No Evidence of Widespread Discriminatory Policing Practices
No Evidence of Widespread Discriminatory Policing PracticesNever Ending Quest January 18, 2024 In the department’s continuing work to research and address racial disparities in traffic stops, independent consulting firm CNA has determined that racial disparities...
DEA – AG Miss Deadline to Respond on Cannabis Rescheduling
The Drug Enforcement Administration persists in maintaining secrecy around their process, disregarding a congressional request for transparency.Never Ending StoryThe Drug Enforcement Administration (DEA) and Attorney General Merrick Garland missed a Feb. 12 deadline...
More Posts
Michigan Supreme Court – People of Michigan v. Duff
A seizure may occur when a police vehicle partially blocks a defendant’s egress if thetotality of the circumstances indicate that a reasonable person would not have...
Michigan Supreme Court – Money back for former homeowners
In a landmark decision, the Michigan Supreme Court has ruled that counties cannot retain surplus proceeds from tax-foreclosed property sales, a move poised to return...
Komorn Law Case Victories
Just some of our victoriesState / Federal Legal Defense With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals,...
Michigan Court of Appeals – Case Summary People v Bosworth
Michigan Court of Appeals - People v. Bosworth Despite these efforts, the jury found the evidence against Bosworth compelling. In the case of People v. Christopher...
Michigan Court of Appeals – Case Analysis People v. Jackson
Michigan Court of Appeals - People v MICHAEL JACKSON Several critical legal issues emerged during the trial and subsequent appeals process including self defense claim...
Michigan Supreme Court restores wage and sick leave laws
Citizen-initiated proposals aimed at increasing the minimum wage and expanding paid sick leave In a significant ruling, the Michigan Supreme Court has reinstated the...
SCOTUS Decision Gives Starbucks a Win in Labor Dispute
The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to...
People v. Bosworth – A Murder Conviction and Its Aftermath
Michigan Court of Appeals: People v. Bosworth The case took a dark turn during the early hours of August 3, 2020. Background and Basic Facts On June 15, 2020, Aquae...
Cannabis workers claimed employer violated labor laws
Allegedly had to put on company-issued personal protective equipment (“PPE”) (such as masks, hair nets, arm sleeves, gloves, scrubs, and protective shoes) before...
The MSP is Concerned About Your Privacy (Firearms)
Is the Michigan State Police really concerned about your DNA / biometric privacy?Here's what they say on their websiteThe Michigan State Police (MSP) is committed to...