Oregon will no longer treat the possession of small amounts of illicit drugs as a non-criminal offense, marking the end of its nearly four-year experiment with drug decriminalization on Sept. 1.
This change follows state lawmakers’ decision to roll back key provisions of Ballot Measure 110, the voter-approved initiative that decriminalized drugs in 2020. The New Era saw this change first hand with a dual ride-along Sept. 1.
In 2020, Oregon voters passed Ballot Measure 110, which decriminalized the possession of small quantities of drugs like fentanyl and methamphetamine. Under Measure 110, individuals caught with drugs received a $100 ticket instead of criminal penalties. This fine could be waived if the person completed a needs assessment.
The measure aimed to redirect people with substance use disorders away from the criminal justice system and toward treatment and rehabilitation. However, it has been criticized for increasing open drug use and contributing to rising overdose rates. An investigation by Oregon Public Broadcasting (OPB) and ProPublica found that state leaders struggled to implement the measure effectively.
In response, lawmakers introduced House Bill 4002, which Gov. Tina Kotek signed into law on April 1. The new law reclassifies drug possession as a misdemeanor crime and allocates funding to establish treatment-focused “deflection programs.”
Deflection is a collaboration between law enforcement and behavioral health agencies aimed at diverting drug users into treatment instead of the criminal justice system. The implementation of deflection programs will vary by county.
Twenty-eight of Oregon’s 36 counties have applied for state funding to implement deflection programs. Half of those counties plan to have their programs operational by Sept. 1, while others will take additional time to launch. According to Yachats News, Linn County plans to begin their deflection programs sometime in January 2025.
What this means locally
The Sweet Home Police Department recruited some of its officers after the start of Measure 110.
“I’m from Montana where the laws are different, but some of our newer offices have never had anything other than 110,” Officer Trevor Sundquist said.
Officers like Allen Cripe are newer to the department and don’t have previous experience prior to 110’s inception. They have been previously trained on what has been the laws of possession; as of Sept. 1, that changed.
“It’s going to definitely be a lot of growing in this, because it’s all new to us as well,” Cripe stated.
These officers had to learn the importance of the change before Sept. 1. This change was explained by the District Attorney’s office who gave the local department a comprehensive training including a “cheat sheet.”
“I called a friend at the DA’s office and they said ‘Let me finish up my cases for today and then I’ll come down and talk to your whole office,’ and that’s what they did,” Sundquist said.
“For the [District Attorney’s office] to come and educate us on this so that way we were prepared for today, was awesome,” Cripe said.
The New Era got to see this change locally in effect Sept. 1 while on a dual ride-along. During this ride-along, an individual was arrested following a stop for possession of illegal drugs, showcasing the immediate impact of the new law. Officer Cripe located David Arroyo-Sandoval, 44, who was arrested on multiple warrants, including a Lebanon Municipal Court warrant for probation violation related to second degree theft, with a bail set at $10,000. Arroyo-Sandoval also had a Linn County supervisory warrant for second degree criminal trespass, which carried no bail. He was additionally arrested for unlawful possession of methamphetamine. He was lodged at the Linn County Jail.
Concluding the ride-along, the Sweet Home Police Department provided us with this statement:
“We believe in both protecting our community and supporting those who need help. It’s a balance between accountability and compassion. Here’s how we’re handling it: If someone is caught with illegal substances, they will face consequences under the law. But at the same time, we’re offering a way out through deflection programs. These programs are about getting people the help they need, rather than just pushing them through the justice system. We’re focused on addressing the real issues behind addiction, giving folks a real chance to turn things around.
We get that addiction affects not just the individual, but also their families and our community. By holding people accountable and providing access to treatment, we’re aiming to break the cycle of substance abuse while keeping Sweet Home safe and strong.”
