Leaders from Multnomah County and the city of Portland outlined their plans Wednesday to address drug possession after a new criminal charge goes into effect statewide in September.
“We must offer people suffering from addiction alternatives to incarceration or we will be right back where we started,” Multnomah County Chair Jessica Vega Pederson said at a press conference. “When the drug possession laws change on Sept. 1, it is so important for us to be ready.”
Across the state, many counties have moved quickly to address House Bill 4002, a bill lawmakers passed earlier this year to roll back parts of the state’s pioneering drug decriminalization law known as Ballot Measure 110. The new law still aims to connect drug users with treatment and keep them outside of the criminal justice system through a provision known as deflection. Unlike Measure 110, the revised law allows drug users to be criminally charged, placed on probation, or even jailed for possessing small amounts of illicit drugs, such as fentanyl or methamphetamine.
The process in Multnomah County has appeared messy at times, with members of the public expressing frustrations with the location of a planned drop-off center and the county’s communication surrounding it. Political disputes between city and state officials have bubbled into public view ahead of the Sept. 1 deadline for the law change.
Multnomah County Chair Jessica Vega Pederson speaking about the county's drug deflection plan on Wednesday, July 31, 2024 in Portland, Ore.
Conrad Wilson / OPB
During Wednesday’s news conference, Vega Pederson stood with law enforcement and treatment providers as she sought to quell concerns.
“There has been criticism about not having a plan, but we are building a deflection system that includes mobile outreach, leverages peer support, and finally creates a dropoff center for law enforcement,” Vega Pederson said. “I am standing here today with a building, with a provider, a good neighbor committee, security, transportation, and a clear understanding about what deflection is.”
In June, the county announced it leased 900 S.E. Sandy Blvd. in Portland’s Buckman neighborhood to open a drop-off center where police can take eligible people who want treatment for drugs.
“Providing a path to deflection gives law enforcement another tool to help people in crisis get the resources and services that they desperately need and also provides a pathway away from the criminal justice system when it’s appropriate,” Multnomah County Sheriff Nicole Morrisey O’Donnell said.
In Multnomah County, only people possessing a small amount of drugs will be eligible for deflection. They cannot have committed other crimes in the previous 30 days, nor failed deflection during that time. People on probation or parole are eligible.
To successfully complete deflection, people will have to receive a screening followed by a referral to whatever services the person needs, such as drug treatment. The person then has to engage with services within 30 days of the initial deflection.
“We believe that that 30-day window gives them ample opportunity to try and take some responsibility for themselves,” Portland Police Chief Bob Day said.
People who fail any of those steps will not be eligible for deflection for the next 30 days. Instead, they’d be criminally charged for drug possession.
“So there are some accountability standards put in there,” Day said.
Portland Police Chief Bob Day spoke about Multnomah County's plans for drug deflection. He joined Multnomah County District Attorney Mike Schmidt (right) and Multnomah County Chair Jessica Vega Pederson in Portland on July 31, 2024.
Conrad Wilson / OPB
Police would arrest people and transport them to the deflection center where they would be “unarrested,” the chief added, noting that police officers will continue to address drug use in public areas.
A Multnomah County spokesperson said on Wednesday after the news conference they expected hundreds of people per month to enter the deflection program, but on Friday county spokesperson Ryan Yambra clarified the county expected only around 300 to 800 people per year. Yambra attributed the lower rate of use to deflection eligibility, stating that only people charged with personal drug possession and no other crimes could enter deflection, among other criteria.
It’s not yet clear whether there will be enough services, such as various forms of detox.
Multnomah County District Attorney Mike Schmidt, who is leaving office at the end of the year after failing to win reelection, said if deflection fails, people will still be able to get their charges resolved through a process called conditional discharge. Under that scenario, people will be criminally charged for drug possession, but have those charges dismissed if they complete drug treatment or whatever services are needed.
“I’ve heard from law enforcement that what they really want, what they really need is somewhere to take people suffering acutely from the impacts of addiction,” Schmidt said. “I’ve heard from community members that they’re tired of seeing people openly use drugs on our streets and in plain sight. And I’ve heard from others that they want to prioritize treatment rather than jail for people suffering from addiction.”
Clarification: The story has been updated after Multnomah County revised how many people it expected to enter deflection after its program launches in September. It now expects between 300 and 800 people per year.