It’s been two months since Oregon recriminalized drug possession and new data from across the state is starting to show how the new law, which aims to deter drug use and offer treatment, is shaping up.
So far, more than 1,424 people have been arrested for drug possession, according to the Criminal Justice Commission, the state agency that researches and tracks Oregon’s criminal justice system. In most of those cases, defendants face other charges too, such as trespassing and theft.
Between Sept. 1, when the new law went into effect, and Oct. 19, some 378 people have been arrested only on drug possession charges.
Portland Police officers and Oregon State Troopers arrive on the scene of suspected drug dealing activity in downtown Portland, Sept. 10, 2024. Since the implementation of new criminal penalties for drug possession, more than 1,129 people have been arrested for drug possession and possession-related charges, according to state data.
Kristyna Wentz-Graff / OPB
Oregon lawmakers recriminalized drugs earlier this year, amid growing frustration over Ballot Measure 110, which decriminalized small amounts of hard drugs and became associated with widespread public drug use. House Bill 4002 brought back criminal penalties for drug use, but also included provisions to ensure that substance use disorders are addressed in a health care setting rather than jail.
Under this new law, people facing drug possession charges have the ability to access treatment rather than face criminal penalties through a process called deflection. The law allows counties to design their own deflection programs or decide whether they want to participate at all. While a majority of Oregon counties are participating in deflection, only some had programs up-and-running in the first months of the law taking effect.
According to a memo sent last week to Gov. Tina Kotek’s office, obtained by OPB through a public records request, 213 people across 11 counties have been deflected. That’s slightly more people than the agency predicted would be deflected by this time.
Since Oregon recriminalized drugs, at least 213 people have entered deflection, according to a memo sent to Gov. Tina Kotek last week.
Oregon Criminal Justice Commission
“Because this program is so new, the Commission is not assessing county ‘success’ based on these early figures, although it is likely to do so in the future when engaging with counties regarding their enrollment trajectories,” the memo to the governor’s office states.
The memo also highlights a notably absent piece of data: program outcomes. Put another way, are people who get deflected actually completing drug treatment or other requirements to avoid criminal charges?
“As of mid-October, insufficient time has passed to make any meaningful conclusion regarding program efficacy,” the memo states.
Counties that reported their data included Multnomah, which deflected 83 people; Washington, which deflected 18 people; Deschutes, which deflected 13 people; and Yamhill, which deflected 46 people.
The memo does not include information from Clackamas County, which has a program that rolled out Sept. 1.