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MARIJUANA MOMENT
OREGON GOVERNOR SIGNS BILL OVERTURNING VOTER-APPROVED DRUG DECRIMINALIZATION LAW
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POLITICS
OREGON GOVERNOR SIGNS BILL OVERTURNING VOTER-APPROVED DRUG DECRIMINALIZATION LAW
Published
20 hours ago
on
April 1, 2024
By
Marijuana Moment
“Success of this policy framework hinges on the ability of implementing partners
to commit to deep coordination at all levels.”
By Ben Botkin, Oregon Capital Chronicle
Gov. Tina Kotek (D) on Monday signed into law the sweeping measure the Oregon
Legislature passed to combat the state’s fentanyl drug addiction and overdose
crisis.
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Kotek previously had said she would sign House Bill 4002, which was a
centerpiece proposal of the short session. The law puts in place a new
misdemeanor penalty for possession of small amounts of hard drugs, with
opportunities for defendants to avoid jail if they enroll in programs that aid
in their recovery and potential treatment.
In a letter to legislative leaders, Kotek said the state needs to have a
carefully coordinated implementation to work as intended.
“Success of this policy framework hinges on the ability of implementing partners
to commit to deep coordination at all levels,” Kotek wrote in her letter to
Senate President Rob Wagner, D-Lake Oswego and House Speaker Julie Fahey,
D-Eugene.
The new law will put $211 million towards a variety of court and treatment
programs, including new and expanded residential treatment facilities, recovery
houses and programs for counties to set up so-called deflection programs that
people can participate in to avoid jail and criminal charges after an
interaction with police. So far, 23 of Oregon’s 36 counties have agreed to set
up those programs, which are not mandatory.
The new misdemeanor penalty starts in September, with jail time only required
when defendants violate or fail their probation. The misdemeanor penalty unwinds
the drug decriminalization of Measure 110, which Oregon voters passed in 2020.
Measure 110 put a $100 citation system in place with no criminal penalty for
possession of small amounts of hard drugs. But the new law also keep in place
the provision of Measure 110 that funnels a share of cannabis revenue into
addiction programs and services.
In her letter, Kotek said she has met with leaders from across the
state—including prosecutors, public defenders, mental health providers, courts
and law enforcement—who will be involved in setting up the new programs to try
to steer drug users toward recovery.
‘One strategy’
While counties will have flexibility to determine what their programs look like,
Kotek said it’s important to balance local community program designs with the
need for statewide consistency.
Noting that House Bill 4002 encourages law enforcement to prioritize deflection
without an arrest, Kotek said this approach is “one strategy” to reduce the
disproportionate impact on communities of color—and reduce the number of court
records that need to be sealed.
“Simplification and standardization of court and other administrative processes
will help reduce confusion and support successful completion of programs
necessary to achieve future expungement,” Kotek said.
Under the law, no charges are filed when someone enters deflection. For those
who are charged with the misdemeanor in court and convicted, the case will be
expunged after completion of probation.
Advocates and public defenders have warned House Bill 4002 has potential
complications that could harm people in addiction rather than help them. For
example, the state already has a lack of public defenders, a lack of addiction
treatment options to help people, and the state’s own analysis found the law
could disproportionately put people of color in jail.
And people could inadvertently end up in jail in other ways under the new
misdemeanor charge, such as if they don’t show up in court and are charged with
failure to appear, which carries up to 364 days in jail.
Kotek said she’s directed state agencies to make the new law work as seamlessly
and fairly as possible.
“Implementation of House Bill 4002 will be complex, but committing to clarity
and coordination is one way to improve its likelihood of long-term success,”
Kotek wrote.
For example, she has directed the Oregon Criminal Justice Commission to use
certification forms that clearly show when someone has completed deflection to
create consistency across different jurisdictions.
Kotek said the Oregon Department of Corrections will “exhaust non-jail
opportunities for misdemeanor sanctions.” She’s also directed the Oregon Public
Defense Commission and Criminal Justice Commission to collaborate and share data
about trends and new cases as the programs start.
In the long-term, Kotek said, her office is working on strategies to bolster the
behavioral health care workforce, which is key to access and care.
This story was first published by Oregon Capital Chronicle.
Marijuana Moment is made possible with support from readers. If you rely on our
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pledge.
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