Gov. Tina Kotek confirms that she will sign the legislation that reinstates criminal penalties for possession of small amounts of specified drugs, combined with expansion of treatment options.
The Democratic chief executive made the comment in a statement she issued Thursday night, March 7, a few minutes after the Oregon Legislature adjourned its 2024 session a few days before the constitutional deadline.
The legislation she referred to is House Bill 4002. The reinstated penalty for possession of small amounts of cocaine, fentanyl, heroin, methamphetamine and MDMA (Ecstasy) is a maximum six months in jail, but no fine, under a new category of unclassified misdemeanor. It reverses the citation-only and $100 maximum fine that Oregon voters approved in Measure 110 in 2020. Measure 110 did not remove criminal penalties for possession of greater amounts or of other drugs.
Marijuana is not affected. Voters legalized adult use of cannabis in a 2014 ballot initiative (Measure 91).
Offenders can be "deflected" to treatment, similar to diversion for drunken-driving suspects, in 23 counties that have pledged to start programs so far. The counties account for about 85% of Oregon's population.
The bill also removes barriers to insurance coverage for treatment, services for 1 million low-income recipients under the Oregon Health Plan, and medication-assisted treatment for fentanyl addiction in jails.
Kotek's announcement is not a surprise. She let lawmakers take the lead on potential changes to Measure 110, but said she was likely to go along with what they decided.
She did say in her statement that she took note of the concerns raised in a racial impact statement about the potential of penalties falling disproportionately on people of color.
The reinstated penalty starts Sept. 1. The rest of House Bill 4002 takes effect when the governor signs it.
Kotek had commented previously earlier in the week on lawmakers' approval of about half the $500 million she sought to jump-start housing production toward an annual goal of 36,000 units that she set in a 2023 executive order. The package of bills does contain the full $100 million she requested to continue state aid for local and regional shelter beds and other programs for unhoused people.
Her statement starts here:
“I commend lawmakers for a productive session with bipartisan successes and a strong focus on the top issues facing Oregonians.
“Oregon will now have more tools to meet the urgent demand for all types of housing, in all parts of the state. Senate Bill 1537 will help stabilize housing costs by increasing housing production through cutting red tape in permitting processes, establishing some of the strongest affordability standards for new construction in the country, and other critical reforms. Combined with investments in Senate Bill 1530, I look forward to ensuring that every dollar advances housing production.
“Our students will have more educational supports this summer to offset the learning loss between school years, and we are on track to make budget information that the State already collects from school districts more accessible and easier to understand.
“This session also marks the historical passage of campaign finance reform with strong bipartisan support. I applaud all those who came to the table to find compromise and deliver a policy that will strengthen transparency and confidence in Oregon’s elections. I want to thank legislative leadership for their commitment and urgency in getting it done this session.
“Finally, reforms to Measure 110 will start to take shape, as I intend to sign House Bill 4002 and the related prevention and treatment investments within the next 30 days. As governor, my focus is on implementation. My office will work closely with each implementing authority to set expectations, specifically in response to the Criminal Justice Center’s Racial Equity Impact Statement, which projected disproportionate impacts to communities of color and the accompanying concerns raised by advocates. House Bill 4002 will require persistent action and commitment from state and local government to uphold the intent that the Legislature put forward: to balance treatment for individuals struggling with addiction and accountability.”
(end of statement)
pwong@pamplinmedia.com
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