By Oregon Public Broadcasting
Oregon has ended its experiment with drug decriminalization. Starting Sunday, possession of small amounts of illicit substances are once again considered a misdemeanor crime. Earlier this year, state lawmakers rolled back key provisions of Ballot Measure 110, the voter-passed initiative that decriminalized drugs nearly four years ago.
As the new law goes into effect, here’s what Oregonians need to know.
What happened to Measure 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 the 110 system, drug users no longer received criminal penalties, but were instead served with a $100 ticket, which could be voided if the recipient got a needs assessment.
The idea behind the measure was to redirect people with substance use disorder away from a punishment-focused criminal justice system and instead direct them toward rehabilitation and treatment. But in the four years since it passed, the measure was widely considered a failure, leading to more open drug use and blamed for an increase in overdoses. An investigation by OPB and ProPublica found that it was due in part to state leaders who failed to make the measure work.
While some parts of Measure 110 are still in effect, lawmakers made significant changes. Enter House Bill 4002, which Gov. Tina Kotek signed into law April 1. Possession under the new law is once again a misdemeanor crime, but the statute also sought to deliver on the promise of treatment outlined in Measure 110. The bill allocated millions of dollars for counties to establish so-called “deflection programs” to do just that.
What is deflection?
Deflection is a collaborative effort between law enforcement agencies and behavioral health entities to deflect people using drugs into treatment, and out of the criminal justice system. But how it works will depend on each county’s approach.
For example: In Baker County, law enforcement officers will provide “instructions, rights, and options” to people who possess drugs, but it will largely be on the individual to pursue deflection, according to the application submitted to the state.
Meanwhile, in Deschutes County, once a person is referred to the deflection program, staff will meet them where they’re at, according to the county’s application. When the staff member arrives, officers will release the person from custody and immediately conduct an initial screening.
What is my county doing?
Twenty-eight of Oregon’s 36 counties have applied for funding from the state to stand up their deflection programs. Of those participating, half said their programs would be ready Sept. 1, while others will take months to get their programs up and running.
A majority of those counties will only allow people charged with misdemeanor drug possession to enter their deflection program. While some counties will consider other low-level, public disorder crimes that can be associated with addiction, in their eligibility criteria, most will not.
In Multnomah County?
The county was also served with a lawsuit Aug. 26 from a nearby preschool, saying officials violated public meeting laws in planning of the center.
Until it’s ready, Multnomah County officials said they’ll do mobile outreach, deploying “behavioral health providers and professional peer specialists to respond to law enforcement in the field. They will conduct referrals, arrange and connect the eligible person to services,” according to a press release.
In Portland, police will provide evaluations for people they encounter. If they’re deemed eligible for deflection, the officer will call deflection dispatch, which will then contact the Peer Deflection Team. Officers will wait up to 30 minutes for that team to arrive and offer services, with the person arrested and held in handcuffs. If the deflection team doesn’t get there in time, police will document the wait time and take the person to jail.
Can someone refuse?
Yes. Deflection programs are voluntary, not compulsory. In some places, that will likely mean a person with drugs is taken to jail.
But HB 4002 does lay out other options. If an individual refuses to participate in deflection, prosecutors could pursue conditional discharge, in which a person’s criminal charges get dismissed if they complete treatment, probation or even jail time.
Will there be treatment?
That depends. While the aim of recriminalization, much like Measure 110, is to get people connected with drug treatment and services, there are ongoing capacity issues across the state. A recent study for the Oregon Health Authority found that the state needs to invest an additional $850 million over five years for behavioral health beds to meet projected needs.
In some places, while there may be services available, they might not meet the needs of everyone seeking care. In Washington County, behavioral health officials said that they have services during normal business hours — Monday through Friday, from 9 a.m.-5 p.m. — but outside of that window, options are limited.
“Currently in Washington County, there are no sobering resources. There is very limited residential treatment, there is no publicly funded withdrawal management,” said Nick Ocón, division manager with Washington County Behavioral Health.
While the county, and others, are working to bring other services online, it may take time to get people the care they need.
