Gov. Kotek signs bill to reverse Measure 110, recriminalizing small-quantity drug possession

Gov. Kotek signs bill to reverse Measure 110, recriminalizing small-quantity drug possession

PORTLAND, Ore. (KOIN) – Oregon Gov. Tina Kotek has signed a bill that will once again make it a crime to be caught with small amounts of illicit drugs in the state.

House Bill 4002 effectively reverses Measure 110, which has received mixed feedback since it was approved by voters in 2020.

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In a previous statement, Gov. Kotek said she intended to sign the bill within 30 days of its passage in the Oregon Senate in early March.

“I intend to sign House Bill 4002 and the related prevention and treatment investments within the next 30 days. As Governor, my focus is on implementation. My office will work closely with each implementing authority to set expectations, specifically in response to the Criminal Justice Center’s Racial Equity Impact Statement, which projected disproportionate impacts to communities of color and the accompanying concerns raised by advocates. House Bill 4002 will require persistent action and commitment from state and local government to uphold the intent that the legislature put forward: to balance treatment for individuals struggling with addiction and accountability.”

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HB 4002 will give people the choice between being charged and treatment when they are caught carrying drugs like fentanyl and meth. Treatment includes completing a behavioral health screening and participating in a “deflection program” in order to sidestep fines.

Senate Majority Leader Kate Lieber, who worked directly on crafting the legislation, said she believes Portland will see a difference on the streets in the coming weeks.

However, criminalization will not go into effect until September 2024.

However, many local advocates have expressed concerns over potential racial disparities with recriminalization as well as the impact on an already-burdened public defender shortage statewide.

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The executive director of the Health Justice Recovery Alliance, Tera Hurst, previously called HB 4002 a costly step in the wrong direction.

“We do have plenty of data that the criminalization of addiction doesn’t work,” Hurst said. “When it becomes a crime again, people go back into the shadows and – especially with fentanyl – when they go back to the shadows, they die.”

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