Oregon House passes bill to reverse voter-approved drug decriminalization law

“Criminalization of drug abuse is not the solution.” It may be a step in the wrong direction .”

Ben Botkin, Oregon Capital Chronicle

The Oregon House passed on Thursday a proposal that would reshape state response to the fentanyl overdose and addiction crisis, and give more power to police and prosecutors in order to curb drug use.

House Bill 4002 is now sent to the Senate by a 51-7 bipartisan vote, marking the end of a lengthy legislative process that began last fall. The would undo Measure 110, which was passed by voters. It would do this by creating a new misdemeanor drug possession charge. This is intended to encourage individuals to enroll in treatment programs instead of facing charges and going to jail. The potential jail time for misdemeanor possession of drugs would only be triggered if the defendant violates his probation.

Bill represents bipartisan compromise reached between Democrats and Republicans over long meetings that began in September. Dozens of witnesses, including representatives of advocacy groups, members of law enforcement and family members of victims of overdose, as well as behavioral health professionals, gave testimony. Oregon’s district attorney, police, and sheriffs, as well as cities and business organizations like the Portland Metro Chamber of Commerce, and Washington County Chamber of Commerce, support this bill.

Maxine Dexter (D-Portland) said, “We’re in the middle of a serious public health crisis. We must respond with compassion and courage.” “These are human beings.”

The bill would repeal a key provision in the Measure 110 that was passed by voters. This measure decriminalized small amounts of hard drug possession and implemented a $100 citation system, which a person can avoid if he or she obtains a health assessment. The police have stated that the $100 citations are not enough to motivate people to seek treatment. A majority of Oregonians have expressed support for repealing Measure 110, or portions of it.

Democrats pledged to respond to the crisis in our streets at the start of the 2024 #orleg legislative session with policies and investments that address addiction, mental health, and safety concerns. pic.twitter.com/KjFeM7pryl

— OR House Democrats (@ORHouseDems). February 29, 2024

Nike co-founder Phil Knight and a group of prominent Oregonians launched a plan in November to ask Oregon voters to reverse the measure by restoring criminal penalties and mandating treatment for users. After the House vote the Coalition to Fix & Improve Ballot Measure 100 announced that it would withdraw their petitions if this bill passed the Senate and Governor. Tina Kotek, a Democrat, signs the bill into law.

The bill creates a misdemeanor without classification that could result in jail sentences of up to 30 or 180 days, depending on whether the probation was revoked. They would be released from jail early if they enter inpatient or outpatient therapy.

The bill would keep the provision of the measure that allocates a portion of cannabis revenues to addiction services and programs.

The mood in the room was solemn when Rep. Jason Kropf (D-Bend, co-chair of joint addiction committee) introduced the bill. He thanked Oregonians for their testimony before the joint addiction committee, including those who lost loved ones to addiction and triumphed over it.

Kropf said, “We must acknowledge tragedies.” Kropf is also a former Deschutes County Prosecutor. “We need to find a way to build upon the successes,” said Kropf, also a former Deschutes County prosecutor.

Other legislators shared their stories of people who struggled with addiction that they had met, either in the workplace or personally. Dexter, Dexter is a physician who spoke about his work with a man addicted to methamphetamine.

Rep. James Hieb (R-Canby) spoke of the death of his brother in 2014 due to an overdose on fentanyl, and declared, “I think that this bill will assist addicts.”

Three Republican and four Democratic legislators voted against the legislation, largely due to concerns that either it did not go far-enough or would disproportionately jail people of color.

Rep. Travis Nelson (D-Portland) said that criminalizing drug abuse is not the solution.

Nelson, a Black legislator and nurse, said that the bill does not provide the comprehensive strategy required to address the issue, and it will harm people of colour disproportionately.

Nelson said, “I am afraid that we may be going backwards.”

Oregonians expected the 2024 Legislature to provide real solutions for the housing and addiction crisis in our local communities. HB 4002 doesn’t offer a solution. It will harm countless Oregonians. Thanks, Representative @IamTravisNelson, for saying #NOtoHB4002. #orpol #orleg pic.twitter.com/snwquF22d2

— Oregonians for Safety and Recovery February 29th, 2024

Civil rights advocates, such as the ACLU of Oregon warned civil rights activists that Oregon’s drug policy would worsen due to inequities within the law.

The counties, for example, would be able to create new state-funded deflection programmes that allow people to avoid being charged after an initial encounter.

As of yet, 23 counties in Oregon have indicated their intention to implement the new program. All Oregon counties, and not just 23 of them, would offer defendants the opportunity to enroll in diversion programs that include treatment and expungement.

The bill provides approximately $30.5 million to counties and community mental healthcare programs that contract with counties for the provision of services to those in need.

This is part of the estimated $211,000,000 that lawmakers are hoping to spend on addiction-related programs, services and treatment. This total includes funding for new residential treatment centers, mental health clinics in the community, treatment programs and court programs.

Measure 110 providers who have already received $276 in cannabis revenue will continue to get funding for housing and treatment, from their peers who are in recovery and who themselves have been addicted.

“The public-health approach of expanding treatment with no punishment was the correct approach. But HB 4002 doubles back on the same errors the state made when implementing Measure 110,” Tera Hurst said, executive director of Health Justice Recovery Alliance. The nonprofit has members and providers that provide Measure 110 funded services. “Unfortunately, it will be people struggling with addiction–especially those living outside and Black and brown Oregonians–who will pay the biggest price. “Our communities will not be safer as a result.”

Originally published by Oregon Capital Chronicle.