Oregon Senate joins House in passing Measure 110 partial rollback, drug recriminalization heads to Kotek’s desk
Jamie Parfitt, Thomas Shults, KGW
SALEM, Ore. (KGW/KTVZ) — In a 21-8 vote, the Oregon Senate on Friday approved a bill rolling back the drug decriminalization portion of Measure 110. Having already passed the state House, the bill only awaits Gov. Tina Kotek's signature before it becomes law, KGW reports.
Recriminalization is just one part of House Bill 4002, which makes sweeping changes to Oregon's drug and addiction policies. While the bill declares an emergency, meaning it will take effect immediately upon being signed into law, it stipulates that recriminalization won't begin until Sept. 1 — giving counties and cities time to prepare.
EXPLAINER: Bill to end drug decriminalization passes Oregon House
Democrats, who brought the original version of the bill before incorporating demands from across the aisle, called it a way to give treatment providers and law enforcement the tools to save lives.
“We must take action. The drug crisis is killing Oregonians and threatening the health and safety of our communities. The Oregon Drug Intervention Plan is a treatment-focused approach that gives providers and law enforcement the tools they need to keep people safe and save lives,” said Senate Majority Leader Kate Lieber (D-Beaverton), co-chair of the Joint Committee on Addiction and Community Safety Response.
Under the compromise that lawmakers on that committee hammered out in recent weeks, HB 4002 creates a new "drug enforcement misdemeanor" for simple drug possession. A person convicted of the crime would receive, at maximum, 18 months probation. A judge can sanction violations of that probation with up to 30 days in jail, or they can revoke probation for more serious breaches and hand down a jail term of up to six months.
Someone serving a jail term related to a drug misdemeanor can request release in order to attend treatment — inpatient or outpatient — but if they again violate the terms of their release, they can be taken back to jail to serve out the remainder of that six-month term.
“Republicans stand united with Oregonians who overwhelmingly believe we deserve better than Measure 110," said Senate Republican Leader Tim Knopp (R-Bend) in a statement. "In this historic vote to reimpose criminal penalties for drug possession, we are making it clear that Oregon is no longer a drug tourism state. Though lawmakers will have much more to do in future sessions to continue making progress on the fentanyl-fueled drug overdose and addiction crisis facing our state, I was proud to stand on the right side of history by casting my vote in favor for HB 4002."
Another feature of the bill, one that Democrats initially wanted to be the basis of HB 4002's changes to Measure 110, would empower the creation of "deflection programs." Law enforcement agencies and county prosecutors can set up these programs as an alternative to an arrest or prosecution for people caught on drug misdemeanors, instead connecting them directly with behavioral health and treatment programs.
But under the final version of HB 4002, deflection programs are purely optional. While a majority of Oregon counties have expressed interest in creating them, some counties are determined to opt out — and deflection programs could differ significantly by county.
RELATED: Oregon lawmakers unveil plan for drug policy overhaul, tweaks to Measure 110
Even without a deflection program, someone convicted of a drug misdemeanor will be able to get their criminal record expunged or sealed if they successfully complete the terms of their sentence.
Drug recriminalization makes up the core of HB 4002, but there are a number of other provisions in the lengthy bill. It would also change state law in response to court decisions that law enforcement officials claim have made it more difficult to prove that someone is dealing drugs, and increase jail sentences for people who sell drugs near parks, treatment centers and homeless shelters.
The bill includes a number of other provisions to either provide funding or study gaps in access to treatment, especially for Oregon youth. It also attempts to increase access to medication that can treat opioid use disorders, and expands welfare holds for mental health or intoxication from 48 to 72 hours.
A companion bill, House Bill 5204, would provide $211 million for "shovel-ready" projects meant to expand the behavioral health workforce and access to treatment, education and prevention programs, drug courts, the deflection programs and public defenders. It passed both the House and Senate with overwhelming support.
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Senate Passage of HB 4002 — Statements from coalition members of Oregonians for Safety and Recovery
SALEM, Ore. — Today, Oregon lawmakers took the final vote on HB 4002, which will increase racial disparities in our state and leave Oregon communities without help and support while fentanyl continues to harm our loved ones. This is a disappointing day for our state, and now we must move into stringent oversight to minimize the harm from HB 4002. The vote also occurred under threat of lawsuit for failing to follow the state law that requires public information about the costs for local law enforcement, estimated arrests and additional people in jail, or project the costs for the next decade before putting a new crime into statute.
We would like to thank Senators Dembrow, Frederick, Jama, Manning Jr, and Prozanski, who listened to the facts and advocated for real solutions to the 2024 legislature to address the addiction and housing crisis in our communities.
Here are quotes from Oregonians for Safety and Recovery coalition partners:
Jennifer Parrish Taylor, Director of Advocacy and Public Policy, Urban League of Portland:
“Today, HB 4002 is being touted as a compromise, but we ask at the cost to whom? It is an unacceptable compromise when we know that there will be disparate impacts to Oregonians of color. It is not enough to monitor the system when we know it is a system that has bias built into it. I fear that we will be back next year, hearing those stories of harm, figuring out how to make our communities whole.”
Gloria Ochoa-Sandoval, Policy Director, Unite Oregon:
“Unite Oregon, representing Black, Indigenous, People of Color, immigrants, rural communities, and those experiencing poverty, strongly oppose HB 4002. This legislation exacerbates the challenges faced by those grappling with addiction, particularly impacting Black and brown Oregonians and those experiencing homelessness. By prioritizing punitive measures over equitable access to treatment, HB 4002 perpetuates systemic injustice. It joins a regrettable list of bills prioritizing political interests over the well-being of Oregon's most vulnerable populations. We will remain steadfast in advocating for a paradigm shift towards healing and empowerment and commend the legislators who opposed HB 4002. Their courage in standing for justice does not go unnoticed.”
ShaToyia Bentley, Executive Director, The Ebony Collective Coalition:
“HB 4002 will be in the list of bills that Oregon has passed that have sacrificed low-income, unprotected and underrepresented Oregonians for personal political interest. We stand and will continue to stand with folks who believe that treatment, healing and uplifting is required. Not an ongoing cycle of punishment without redemption. Lawmakers sided with ‘what had to be done’ instead of what was morally right. We thank the lawmakers who voted ‘no’ on HB 4002. Your courage doesn’t go unnoticed. Black families will continue to fight for our safety because it is our duty to advocate for what is right and not what is easy.”
Jessica Maravilla, Policy Director, ACLU of Oregon:
“Together, ACLU of Oregon’s more than 27,000 members imagined an Oregon filled with healing and thriving communities, not more jails and prisons. Thousands of us took action and engaged in our democracy — calling and emailing lawmakers and submitting testimony for hearings. We asked for real solutions including more treatment, housing, prevention programs, community revitalization efforts, and non-police mobile crisis response teams. The ACLU of Oregon community has deep gratitude for the lawmakers who voted 'no' to the false promises of criminalization in HB 4002 — and its unconscionable human and other costs to our state.”
Tera Hurst, Executive Director, Health Justice Recovery Alliance:
“The public health approach of expanding treatment without punishment was the right approach, but HB 4002 doubles down on the same mistakes the state made in implementing Measure 110. Unfortunately, it will be people struggling with addiction — especially those living outside and Black and brown Oregonians — who are most vulnerable to arrest and who will pay the biggest price. And our communities will be no safer for it.”
Andy Ko, Executive Director, Partnership for Safety and Justice:
“HB 4002 is a profoundly flawed bill that does not contain the solutions Oregon needs. Now, instead of focusing all our efforts on fighting for overdose prevention, treatment, and crisis outreach, we must also work to lessen the damage that HB 4002 will cause. The impact of disparate enforcement on communities of color also means we will need to press both for racial data reporting and greater expansion of funding for culturally specific treatment programs.”
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About Oregonians for Safety and Recovery:
Oregonians for Safety and Recovery (OSR) coalition members include ACLU, ACLU of Oregon, Drug Policy Alliance, Ebony Collective Coalition, Health Justice Recovery Alliance, Imagine Black, Partnership for Safety and Justice, Unite Oregon and Urban League of Portland. These organizations work collaboratively to defend Measure 110 and decriminalization while advocating for real solutions, including increased investment and accessibility to drug treatment, detox, and housing services to meet the full needs of people experiencing addiction.
