Counties weigh illegal drug deflection programs as recriminalization takes effect

On Sunday, Oregon once again made hard drugs illegal with the enactment of House Bill 4002, a law designed to reform the controversial Measure 110 that decriminalized drug possession in 2021. This shift marks a significant policy reversal as the state seeks to address the spiraling overdose crisis, homelessness, and safety concerns that have plagued Oregon since Measure 110's implementation.

HB 4002 gives law enforcement the authority to detain individuals using hard drugs, offering offenders the choice between jail time or participation in treatment programs, depending on county resources.

The passage of HB 4002 was a bipartisan effort, but it was the House Republicans who made recriminalizing drugs their top priority during the 2024 legislative session. The policy represents a response to the severe consequences many attribute to Measure 110, including a sharp increase in opioid overdose deaths and the deterioration of public safety.

House Republican Leader Jeff Helfrich (R-Hood River), a retired Portland police sergeant, was particularly vocal about the need for this legislation.

"Those with a loose grasp of history claim Oregon has always had a drug problem, but the number of opioid overdose deaths in our state skyrocketed after Measure 110," Helfrich stated. He criticized the original decriminalization effort, pointing out the damage it inflicted on Oregon's communities. "Those who are patting themselves on the back today after voting to flood our communities with drugs should visit the cemetery to remind themselves of what they did to Oregon – including the progressive activists still undermining drug reform."

Helfrich's statement reflects a broader Republican sentiment that, while the recriminalization of drugs is a crucial first step, more must be done. "We recognize more must be done to seize control of recovery dollars from boards full of radical activists so that extreme progressive politics do not continue to prevent those who need help from receiving it," Helfrich added. This critique underscores ongoing concerns about how recovery funds are managed and the influence of progressive ideologies on Oregon's drug policies.

Meanwhile, Rep. Annessa Hartman (D-Oregon City and Gladstone), who played a pivotal role in the creation of HB 4002, highlighted the balanced approach of the new law. "I've spoken with countless families who have been torn apart by substance abuse, and I've seen firsthand how decriminalization has failed to provide the support people and their families deserve," Hartman said. The Oregon Drug Intervention Program (ODIP), as outlined in the new law, aims to prioritize treatment and recovery over incarceration, offering a pathway to rehabilitation for those struggling with addiction.

Across Oregon, counties are now working to secure funding from the state to support their deflection programs. Gilliam County has already established its selection program and received $150,000 in deflection funding from the state. However, not all counties are prepared to launch their initiatives. Sherman County and Wheeler County, for example, have chosen to defer to state services rather than create their own programs.

"The success of the Oregon Drug Intervention Program will rely on close collaboration between law enforcement, the DA's office, healthcare providers, and our community partners," said Oregon City Police Chief Shaun Davis. "By working together, we have an opportunity to offer those struggling with addiction the resources they need to recover, while we also continue to protect our community from the dangers associated with those who are dealing drugs and those who pose a threat to our community."

Currently, 28 of Oregon's 36 counties have applied for state funding to establish their deflection programs. Of those, half expect to have their programs ready by the law's effective date of September 1st, while others anticipate delays in getting their systems operational.

Most counties participating in the deflection program will limit eligibility to individuals cwharged with misdemeanor drug possession, although some may consider other low-level, public disorder crimes related to addiction.

As Oregon embarks on this new chapter in its battle against drug addiction, the effectiveness of HB 4002 and the ODIP will be closely watched. Both supporters and critics of the new law agree that its success will depend on the cooperation of law enforcement, healthcare providers, and community organizations.

While House Republicans celebrate the recriminalization of drugs as a significant victory, the challenges ahead underscore the complexity of addressing Oregon's drug crisis in a way that balances public safety with compassionate care for those struggling with addiction.