Oregon reinstates criminal charges for drug possession.

After the state of Oregon decided to recriminalize possession of drugs such as fentanyl, heroin, and meth, individuals found in possession of hard drugs will once again face state criminal penalties.

Oregon decriminalized possession of small amounts of hard drugs in 2020 through a ballot measure, but will now recriminalize those offenses under a new law that takes effect Sunday.

Under the new law, HB4002, individuals found with small quantities of hard drugs such as fentanyl, heroin, and meth will have the option to either face charges for possession or participate in treatment programs that require them to complete a behavioral health program to avoid penalties.

If found guilty of possessing something for personal use, the punishment can be a misdemeanor that carries a maximum sentence of six months in jail. However, the law suggests but does not require counties in the state to establish treatment options to keep offenders out of the criminal justice system.

The new law will facilitate police crackdown on drug use in public places, which has become a widespread issue in certain parts of the state over the past few years. Additionally, the law imposes stricter penalties for selling drugs in public spaces, such as near parks.

To avoid charges, those caught in possession must meet strict eligibility criteria, as Portland police chief Bob Day informed the Guardian. This includes having "no other charges, no warrants, no violent behavior, and being medically stable."

If someone is caught with hard drugs and is eligible for a deflection program, officers will contact their county's deflection dispatch line and connect with a mobile behavioral health outreach team.

"If the behavioral health people do not arrive within 30 minutes, we will go to jail. We cannot simply wait around, Day stated. Although there is a lack of equity in this situation, it may not be a common occurrence. I do not believe it is acceptable, Day added."

Opponents of the new law have contended that it is overly complex, as each county will have varying resources and guidelines that may confuse drug users who could face legal consequences.

Over $20 million in grants will be released by the state's criminal justice commission in the next year, with 28 of the state's 36 counties having already applied for funding to support deflection programs.

"The drug policy system will be complex, with varying rights and expectations for users depending on the county, according to Kellen Russoniello, the director of public health at the Drug Policy Alliance. The outcome will depend heavily on the user's location within the state."

Jason Kropf, a Democratic state representative and supporter of the law, expressed optimism about the new direction for the state.

"Kropf told the Guardian, "I have optimism and hope, but I'm also realistic about the work ahead.""