Oregon's groundbreaking experiment with drug decriminalization is set to expire on Sunday, as a new law takes effect, reclassifying small amounts of hard drugs as criminal offenses. The recriminalization law, known as HB4002, gives individuals caught with drugs like fentanyl, heroin, and methamphetamine the option to choose between charges or treatment, involving participation in a behavioral health program and a deflection program to avoid fines. Possession for personal use will now be categorized as a misdemeanor, punishable by up to six months in jail.

The main objective of the new law is to facilitate a stronger crackdown on drug use in public spaces and impose tougher penalties for drug sales near areas such as parks. While the law encourages counties to establish treatment alternatives that divert individuals away from the criminal justice system and towards addiction and mental health services, it does not mandate it. This approach has drawn both supporters and opponents. Advocates argue that the flexible criteria allow counties to tailor programs based on their available resources, while critics fear it could lead to a confusing and inequitable policy landscape.

According to Portland police chief Bob Day, deflection criteria are quite stringent, including no additional charges, warrants, or history of violent behavior, and medical stability. If an individual meets the criteria, police officers will contact the county's deflection dispatch line, which will then connect them to a mobile behavioral health outreach team. However, if the behavioral health team cannot arrive within 30 minutes, individuals will be taken into custody, highlighting concerns about the lack of equity in access to immediate assistance.

As of now, 28 out of Oregon's 36 counties have applied for grants to fund deflection programs, with the Oregon Criminal Justice Commission slated to distribute over $20 million in grants over the next year. Supporters argue that treatment is far more effective than incarceration in helping individuals overcome addiction, questioning the long-standing strategy of arresting drug possessors. However, the Democratic-controlled legislature passed the recent recriminalization law in March, overturning a voter-approved measure from 2020 that had made possessing illicit drugs a minor offense punishable by a ticket and a maximum fine of $100.

While the revised law initially directed substantial funds from cannabis tax revenues toward addiction services, financial disbursement was slow, exacerbating the fentanyl crisis and surging overdose rates. Critics, like Oregon House Republican minority leader Jeff Helfrich, have expressed concerns about the limited time counties had to establish effective programs. Multnomah County, home to Portland, plans to open a temporary center in October where individuals without any other criminal charges but drug possession can receive assessments and treatment referrals. Nonetheless, individuals still run the risk of being incarcerated depending on various factors, such as response time from mental health workers in the field.

The disparity in deflection programs from county to county has raised alarm bells among experts. Kellen Russoniello, the director of public health at the Drug Policy Alliance, warns that a complex system with varying policies could leave drug users uncertain about their rights and what to expect depending on their location within the state. Russoniello emphasizes the need to prioritize an increase in treatment capacity to ensure successful deflection programs, especially with the potential influx of new drug cases that could further strain Oregon's legal system already grappling with a critical shortage of public defenders.

Over the past four years, Oregon lawmakers have invested significant sums, totaling over $1.5 billion, to expand treatment capacity. This investment has resulted in the creation of approximately 350 new beds, expected to be available next year. However, a recent report from the Oregon Health Authority highlights the need for an additional 3,700 beds to bridge existing gaps and meet future demands.

Democratic state representative Jason Kropf, one of the key drafters of the law, acknowledges the unique challenges and resources of each county. He emphasizes that lawmakers will closely monitor the effectiveness of programs across the state and make adjustments as necessary, acknowledging both optimism and the significant work that lies ahead.

As Oregon's pioneering decriminalization experiment concludes, the state now faces a complex landscape of recriminalization, treatment options, and concerns about equity and access. Balancing the need for public safety with effective addiction support will be a crucial task moving forward.