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Oregon Governor Signs Law Recriminalizing Possession of Small Amounts of Drugs for Personal Use

The law will go into effect on September 1, 2024.


Oregon Governor Signs Law Recriminalizing Possession of Small Amounts of Drugs for Personal Use

Oregon Gov. Tina Kotek, a Democrat, has signed a law recriminalizing the possession of small amounts of drugs for personal use.


The Beaver State became the first to decriminalize drug possession after a measure was approved by voters in 2020.

The measure made possession of drugs for "personal use," including heroin, cocaine, and methamphetamine, punishable only by a ticket and a maximum fine of $100.

The decriminalization, naturally, led to a massive uptick in overdose deaths and substance abuse — especially deaths from fentanyl use.

UPI reports, "In January, local officials declared a state of emergency in downtown Portland due to overdose visits to hospital emergency departments, as well as deaths. The Portland Police Department saw a 75% increase in notifications of overdose deaths in 2023 over a year prior."

In March, Oregon's State Senate voted 21-8 to reverse the decriminalization effort in response to the incredible rise in fentanyl deaths in the state.

On Monday, Gov. Kotek ended the decriminalization experiment and returned personal use possession to a misdemeanor punishable by up to six months in jail.

The new law "also establishes ways for treatment to be offered as an alternative to criminal penalties by encouraging law enforcement agencies to create deflection programs that would divert people to addiction and mental health services instead of the criminal justice system," according to a report from the Associated Press.

According to the report, "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.'"

In a letter to State Senate President Rob Wagner and State House Speaker Julie Fahey, Kotek wrote, "House Bill 4002 provides three pathways to avoid incarceration for individuals who possess small amounts of a controlled substance by encouraging pre-arrest deflection, providing conditional discharge upon criminal justice interaction, and pursuing formal probation. If all three options fail and an individual is revoked, incarceration with eligible release for treatment is an option. Finally, the bill provides conditions for sealing or expunging records related to individual possession of a controlled substance."

The law will go into effect on September 1, 2024.

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