Oregon considers recriminalizing drugs amid opioid crisis

Measure 110 decriminalized small amounts of illegal drugs like heroin
A new bill would repeal the ballot measure and make possession a crime
The bill also funds treatment programs including ones in prisons

Updated: Feb 28, 2024 / 04:28 PM CST

FILE – A person holds drug paraphernalia near the Washington Center building on SW Washington Street, April 4, 2023, in downtown Portland, Ore. On Tuesday, Jan. 23, 2024, Democratic lawmakers in Oregon unveiled a sweeping new bill that would undo a key part of the state’s first-in-the-nation drug decriminalization law. The bill would recriminalize the possession of small amounts of drugs as a low-level misdemeanor. (Dave Killen/The Oregonian via AP, File)

(NewsNation) — Oregon lawmakers are debating a bill to recriminalize drugs, ending a three-year experiment in decriminalization.

House Bill 4002 would undo the work of Measure 110, which passed with 58% support from Oregon voters, and which allocated hundreds of millions of dollars for drug treatment, replaced criminal penalties for small amounts of drugs with a $100 fine and created a process for fines to be waived if people had an assessment of rehab needs.

The bill would resume criminal penalties for small amounts of illegal drugs like heroin, fentanyl and methamphetamine. Sponsored by Democrats in the state legislature, it would also increase access to medications that ease opioid withdrawal, expand treatment services, including those offered in jail, and make it easier to seek stronger penalties for drug dealers.

Possession of small amounts of illegal drugs would become a “drug enforcement misdemeanor,” a new crime classification. Initially, people would be given probation for up to 18 months but could face jail time if they violated probation.

Those sentenced to jail could still secure early release to attend a drug treatment program on an inpatient or outpatient basis.

Supporters of the bill say the ticket system hasn’t worked to curb a growing opioid crisis in the state. Those backing the measure include law enforcement groups in the state.

But opponents of the measure say the failure of Measure 110 falls on the state legislature and police for failing to properly implement the measure. They cite failures including lack of training for police officers, the failure to create a specialized ticket that would clearly spell out the terms of the citation and options for rehab and a failure of communication between hotline operators and the courts.

Opponents say a return to criminal penalties would disproportionately affect minority communities and said courts are not prepared to handle the influx of cases that would come from recriminalization.

If the bill fails to pass, supporters are considering another option: introducing a ballot measure that would roll back Measure 110 in November.