House Bill 4002 Changes Oregon Drug Decriminalization Laws
Oregon's battle against opioid addiction, particularly fentanyl, has taken a new and important turn as the recently passed House Bill 4002 rolls back parts of drug decriminalization that happened under Measure 110.
What Changes Under HB 4002
House Bill 4002 introduces a new misdemeanor crime for unlawful possession of a controlled substance, effective September 1, 2024. This reclassification from a Class E violation to a misdemeanor includes a significant focus on deflection programs, which allow individuals to complete a program to assist them in getting clean from drugs instead of facing criminal charges. Sentencing defaults to probation with mandatory addiction treatment, avoiding jail time or fines unless there are violations. Additionally, criminal records are automatically expunged after completion of probation or jail time.
Counties are responsible for operating deflection programs. Marion County’s main priority has always been getting people to recovery, not sending them to jail. Marion County’s highly successful Law Enforcement Assisted Diversion (L.E.A.D.) program has served as an example of how other counties may implement similar programs. Under HB 4002, enforcement officers are encouraged to refer individuals to these programs rather than making arrests. HB 4002 also authorizes police to confiscate illicit drugs and prohibits their use in public spaces. It also allows for harsher sentences for drug dealers who are dispersing these highly-addictive drugs onto our streets.
The Oregon Health Authority (OHA) has been tasked with implementing the funding for HB 4002 with over $200 million appropriated for various aspects of the bill and other opioid-related legislation. Marion County elected officials are already working to establish which program areas will need to expand to make our response to these changes as effective as possible, providing enough coverage to provide individuals with the legal accountability and behavioral health resources they may need.
Implications for Marion County
The legal landscape in Marion County will shift with the new misdemeanor classification for drug possession. The use of deflection programs offers an alternative to traditional arrests, potentially reducing caseloads for law enforcement and courts. Counties must also collaborate with behavioral health systems to ensure effective addiction treatment and address the root causes of addiction.
“The changes occurring after HB 4002 are huge,” said Commissioner Kevin Cameron, Chair. “The point of the legislation isn’t to send more people to jail, but to instead give law enforcement the authority to really direct people into deflection programs, like LEAD.”
“This is a a positive step toward addressing the drug crisis we see the consequences of every day on our streets,” said Commissioner Danielle Bethell. “Leaving people to suffer in addiction is not compassionate, and providing a mandatory gateway to recovery is an important first step in saving lives.”
HB 4002 marks a significant change in Oregon's approach to drug policy since 2021. Its aim to tackle addiction and improve community safety will be closely watched by county officials and our community partners.
“I really do believe this is a step in the right direction for Marion County and for the State as a whole,” said Commissioner Colm Willis. “Oregonians everywhere have seen the negative consequences of Measure 110, and this shift in policy will not only help folks caught in addiction, but it will help keep our communities cleaner and safer.”