Oregon Reverses Legalization of Hard Drugs in 2023

In 2023, Oregon enacted House Bill 4002, reversing the decriminalization of hard drugs that had been established by Ballot Measure 110 in 2020. This new law reinstates penalties for drug possession and aims to address the rising overdose rates, particularly from fentanyl, which has become the leading cause of overdose deaths in the state. Lawmakers, including Rep. Kevin Mannix, argued that the previous measure hindered law enforcement's ability to intervene in public drug use. The reversal of Measure 110 comes in response to a significant increase in drug-related fatalities and a lack of effective treatment engagement, as evidenced by the low number of calls to the state's addiction help hotline. Critics of the measure, including Oregon House Republican Leader Jeff Helfrich, labeled it a failure, asserting that it exacerbated the state's drug crisis rather than alleviating it. The new law also imposes stricter penalties on drug traffickers to combat the profit from addiction. Concerns have been raised regarding the potential impact of the new law on marginalized communities, particularly Black and Latinx populations, who already face disproportionate rates of drug citations. The Portland ACLU highlighted the existing disparities in drug-related arrests, urging law enforcement to adopt deflection programs that prioritize treatment over incarceration. Under the new directive, police officers can offer deflection to individuals found with small amounts of drugs, provided they meet specific criteria. However, if deflection is not pursued, individuals may face arrest, indicating a shift back towards a more punitive approach to drug use in Oregon.