Law enforcement braces for Oregon law criminalizing hard drugs starting Sunday

PORTLAND, Ore. ( KOIN ) – The countdown is on until Oregon’s new drug law to recriminalize the possession of small amounts of hard drugs takes effect on Sunday.

With just two days left, community members and local leaders in Portland are buzzing with lingering questions and potential solutions as the launch of House Bill 4002 nears.

HB 4002 will give people the choice between being charged and treatment when they are caught carrying drugs like fentanyl and meth. Treatment includes completing a behavioral health screening and participating in a “ deflection program ” in order to sidestep fines.

Portland Police Chief Bob Day said officers can offer deflection to adults who are found with small amounts of controlled drugs only if they have no other charges, warrants, or holds, are medically stable and non-violent, and can agree to deflection instead of jail.

If a person meets these requirements, officers will call the county’s deflection dispatch line to provide basic information, determine eligibility and connect them to a mobile behavioral health outreach team that will have 30 minutes to make contact.

“If the behavioral health people cannot be there within 30 minutes, we’re going to go to jail. We’re not able to just wait around,” Day said. “There is certainly a lack of equity in that. But I would argue that it’s not necessarily common. I’m not saying it’s right.”

Multnomah County must rely on mobile outreach until mid- to late October 2024 after its deflection center plans were pushed back due to a lack of staffing while county leaders work to bolster community support for the center’s location at 900 SE Pine Street.

Additionally, law enforcement can only offer deflection from 10 a.m. to 5 p.m. on Sunday and Monday for the holiday weekend before officers shift to a schedule of 8 a.m. to 8 p.m. Monday through Friday due to the county’s limited behavioral health availability.

“Arresting people to try and change addiction behavior is not the answer, but there is a role for interrupting that behavior,” Day said. “If we are constantly taking the same people into custody, even if they are participating in a deflection process, that’s not going to be sustainable, and we may have to go ahead and take them to jail.”

Those who are offered deflection will be required to answer all peer questions, sign a release, accept referrals to services, and engage with at least one service within 30 days. If they fail, they will not be eligible for deflection — and could be arrested if caught with drugs again within the same 30 day window.

Currently, Chief Day said there is no limit for the number of times a person can circumvent arrest if found with drugs again during that time frame, but added that, at some point, common sense has to play in, and repeat offenders might be taken to jail at the officer’s discretion.

Meanwhile, the Multnomah County District Attorney’s Office said it is prepared for the influx of prosecutions that may accompany this new law.

“Our office is prepared to address cases that come in as HB4002 enforcement begins with the same attention that is given to all cases,” a spokesperson said. “Cases that are received by our office that are ineligible for deflection will be prosecuted. We will remain in close coordination with our law enforcement partners as HB4002 is implemented.”

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