House Bill 4002 - Recriminalization of Street Drugs in Oregon
House Bill 4002 was passed by the legislature in the 2024 Short Session and primarily took effect September 1, 2024. Among other things, it "recriminalized" the possession of small amounts of controlled substances at the Misdemeanor level. This new law establishes a criminal justice deflection/diversion framework that encourages treatment for offenders in lieu of traditional criminal justice penalties. HB 4002 also corrected a legal technicality that impeded law enforcement's ability to arrest and prosecute those fueling the addiction crisis by trafficking and dealing in deadly narcotics.
Our Marion County Law enforcement agencies (the Sheriff, all city Police Departments, and the District Attorney) collaborated to ensure we were prepared for this change. As of September 1, 2024, police and prosecutors began enforcing the misdemeanor drug possession crime throughout our communities, with a primary focus of referring offenders to services as intended by the new law.
Marion County has served as the statewide model for these types of "deflection" services and we will continue to use our successful Marion County Law Enforcement Assisted Diversion (LEAD) program. Law enforcement officers deflect individuals from the criminal justice system by referring them directly to LEAD Navigators who connect individuals to treatment and wrap-around services, often via our Marion County Health & Human Services Department. With additional resources from the State and increased intervention as a result of recriminalization, Marion County will be expanding our LEAD services. Also, in collaboration with our local Judges, we have created a new diversionary court. RESTORE Court (Restitution & Treatment On Route to Expungement), will connect individuals arrested for drug possession as well as low-level property crimes driven by addiction with the services they need to become healthy. RESTORE Court participants will also repay restitution by completing community service, thus making their victims whole while giving back to our community. Successful participants will have their records wiped clean ("expunged") upon completion and can move forward without the barriers that can accompany criminal convictions. This program is the first of its kind in Oregon. [The linked 
Deflection Overview workflow document summarizes these processes.]
Our public safety goals with this new law are two-fold: 1) Get users treatment and onto healthier lives, while 2) We aggressively seek the identification, arrest, and successful prosecution of individuals fueling addiction and profiting from illegal narcotics trafficking. Drug dealing remains a serious felony in Oregon and will not be tolerated in Marion County.
Additional Information:
LEAD Program News Story
Deflection Overview
Drug Charging Chart
