Oregon governor signs a bill recriminalizing drug possession into law
SALEM, Ore. — Oregon Democratic Gov. Tina Kotek signed a bill Monday that would recriminalize possession of small amounts of drugs, ending a nation-first decriminalization experiment that was hampered by implementation issues .
The new law reverses a 2020 measure approved by voters by making so-called possession for personal use a misdemeanor punishable by up to six months in prison. It also identifies ways in which treatment can be offered as an alternative to criminal sanctions, encouraging law enforcement agencies to create diversion programs that would divert people to addiction and mental health treatment instead of the criminal justice system.
In a signing letter, Kotek said the bill’s success will depend on “deep coordination” among courts, police, prosecutors, attorneys and local mental health providers, describing them as “necessary partners to realize the vision for this legislation.”
Measure 110, approved by voters with 58% support in 2020, made personal use of illegal drugs such as heroin, cocaine and methamphetamine punishable only by a ticket and a maximum fine of $100. Supporters said treatment is more effective than jail at to help people overcome addiction and that the decades-long approach of arresting people for possession and use of drugs has not worked.
The law focused hundreds of millions of dollars of the state’s cannabis tax revenue on addiction treatment. But money was slow to flow and health authorities, already struggling with the COVID-19 pandemic, struggled to keep the new treatment system afloat, state auditors found. At the same time, the fentanyl crisis began to cause an increase in fatal overdoses.
This pressure has pushed Democrats in Oregon to change their position on decriminalization policies in recent months.
Some who historically supported the measure voted for the new law during this year’s short legislative session. While other Democratic lawmakers opposed the measure, worried it would lead to more arrests and worsen social inequality, it was ultimately passed by the Democratic-controlled Legislature last month.
Republican leaders had long tried to overhaul Measure 110. After Kotek’s signing, House Minority Leader Jeff Helfrich said the bill illustrated how Republicans “stood united and forced Democrats” to reinstate criminal penalties.
The changes will take effect on September 1.