Oregon’s 2020 drug decriminalization law expired on Sunday, ending the state’s unique experiment where possessing small amounts of hard drugs was only punishable by a ticket and a maximum $100 fine.
As of Sunday, possessing personal-use amounts of illicit drugs is now considered a misdemeanor, punishable by up to six months in prison. This change comes with a new law passed in March that recriminalizes drug use, making it easier for police to address public drug use and increasing penalties for drug sales in parks.
The new law replaces the 2020 measure, which was approved by 58% of Oregon voters and aimed to reform the criminal justice system while providing treatment for drug addiction. Supporters of the decriminalization law believed that prison was not an effective solution for drug abuse and advocated for treatment instead. The 2020 law had redirected cannabis tax revenue to addiction services.
However, state auditors found that the system struggled to establish new addiction programs, especially with the fentanyl crisis and ongoing COVID-19 issues. The new law aims to offer treatment as a primary response for those arrested for personal-use drug offenses and encourages counties to create diversion programs to keep individuals out of the criminal justice system. There are concerns that relying on counties for these programs could lead to inconsistencies and potential unfairness.
The Oregon Criminal Justice Commission reported that 28 out of 36 counties have applied for grants to establish these programs, with $20 million expected to be distributed over the next year. Republican leader Jeff Helfrich has expressed concern about the lack of time to set up these programs, suggesting that it could lead to failure.