Oregon Drug Laws: Penalties, Charges & Treatment Options

Oregon regulates controlled substances under ORS Chapter 475 (Controlled Substances; Illegal Drug Cleanup). The state classifies drugs into five schedules based on federal classifications as modified by the Oregon Board of Pharmacy under ORS 475.035. Oregon has undergone dramatic shifts in drug policy over the past several years, moving from one of the most punitive approaches to the nation's most permissive and then partially back again.

In November 2020, Oregon voters approved Measure 110, making the state the first in the nation to decriminalize personal possession of all controlled substances. Possession of small amounts was reduced from a criminal offense to a Class E violation with a maximum $100 fine. However, amid rising concerns about public drug use and overdose deaths, the Oregon Legislature passed House Bill 4002 in March 2024, which Governor Tina Kotek signed on April 1, 2024. Effective September 1, 2024, HB 4002 recriminalized possession of controlled substances as an unclassified misdemeanor punishable by up to 180 days in jail.

The recriminalization under HB 4002 is notably treatment-focused: the default sentence is probation with mandatory addiction treatment rather than incarceration. The law also established behavioral health deflection programs that allow individuals to choose treatment over criminal prosecution. A companion $211 million spending package funds treatment infrastructure, deflection programs, and support services across the state. Oregon continues to invest heavily in harm reduction while re-establishing criminal accountability for drug possession.

Oregon's drug possession penalties underwent a dramatic transformation between 2020 and 2024. Under Measure 110 (effective February 1, 2021), most possession offenses were reduced to Class E violations with a maximum $100 fine. However, HB 4002 (effective September 1, 2024) reversed this policy, recriminalizing possession as an unclassified misdemeanor.

Current Law: Post-HB 4002 (Effective September 1, 2024)

Under HB 4002, possession of a controlled substance for personal use is an unclassified misdemeanor punishable by up to 180 days in jail. However, the law is structured to prioritize treatment over incarceration:

• The default sentence is probation with mandatory addiction treatment—no jail time or fines.
• Jail time (up to 180 days) applies only if the defendant waives or violates probation.
• Counties may operate deflection programs that allow individuals to enter treatment before criminal charges are filed, resulting in no charges upon successful completion.
• Convictions are automatically expunged after three years.

Methamphetamine-Specific Penalties (ORS 475.894)

Possession of less than 2 grams of methamphetamine follows the standard misdemeanor framework under HB 4002. Possession of 2 grams or more is a Class A misdemeanor, punishable by up to 1 year in jail and a fine of up to $6,250.

Heroin-Specific Penalties (ORS 475.854)

Unlawful possession of heroin follows the HB 4002 misdemeanor framework for small amounts. Larger amounts or possession with intent to distribute elevates the offense under separate delivery and manufacturing statutes.

Cocaine-Specific Penalties (ORS 475.874)

Unlawful possession of cocaine follows the same framework. Personal-use amounts are an unclassified misdemeanor; larger quantities trigger felony charges under delivery statutes.

General Possession by Schedule (ORS 475.752(3))

Under the base statute, possession of controlled substances in Schedules I through IV was classified as a Class E violation, except where substance-specific statutes (e.g., ORS 475.854, 475.874, 475.894) provide otherwise. HB 4002 overlays the misdemeanor penalty structure on top of this framework for most controlled substances.

Oregon prohibits driving under the influence of intoxicants (DUII) under ORS 813.010. Oregon uses the term DUII rather than DUI or DWI. The statute covers impairment by alcohol, controlled substances, inhalants, or any combination thereof.

BAC Limits

• Standard drivers: 0.08% BAC
• Commercial vehicle operators: 0.04% BAC
• Under 21: Any detectable BAC (zero tolerance)

First Offense Penalties (Class A Misdemeanor)

• Jail: Minimum 48 hours to up to 1 year
• Fine: Minimum $1,000 (minimum $2,000 if BAC was 0.15% or higher); maximum $6,250, plus a $255 conviction fee
• License suspension: 90-day administrative suspension; 1-year suspension upon conviction
• Community service: 80-250 hours (if ordered in lieu of jail)
• Treatment: Mandatory screening interview and completion of recommended substance abuse treatment program ($150 screening fee)
• Ignition interlock device: Required for 1 year after license reinstatement

Second Offense Penalties

• Jail: Minimum 48 hours (80 hours if within 5 years of first offense)
• Fine: Minimum $1,500; maximum $6,250
• License suspension: 3 years
• Ignition interlock: Required for 2 years after reinstatement

Felony DUII (ORS 813.011)

A DUII is a Class C felony if the person has two or more prior DUII convictions or diversion agreements within the past 10 years. A felony DUII carries up to 5 years in prison and a fine of up to $125,000, along with a lifetime license revocation (with possibility of reinstatement after 10 years).

DUII Diversion Program

First-time DUII offenders may be eligible for the DUII Diversion Program, which allows the charge to be dismissed upon successful completion of a one-year program that includes substance abuse evaluation, treatment, a victim impact panel, and installation of an ignition interlock device.

Drug-Specific DUII

Oregon does not have a per se limit for drugs (unlike its BAC limits for alcohol). Prosecutors must prove impairment through field sobriety tests, drug recognition expert evaluations, and/or blood or urine testing. Both prescription and illicit drugs can form the basis of a DUII charge.

Oregon has significantly expanded access to naloxone (Narcan), the opioid overdose reversal medication, through multiple legislative and regulatory actions.

Pharmacist Prescribing Authority (ORS 689.681)

Since 2016, Oregon pharmacists can prescribe and dispense naloxone and the necessary supplies for administration to any person or organization without a prior prescription from a physician. This was established by House Bill 4124 (2016) to expand access to the life-saving medication.

Broad Distribution

Under ORS 689.681, the following entities can distribute naloxone:

• Pharmacists (direct prescribing and dispensing)
• Harm reduction organizations and needle exchange programs
• Law enforcement agencies
• Emergency medical services
• Substance abuse treatment facilities
• Community health organizations

Immunity for Administration

Oregon law provides civil and criminal immunity to any person who, acting in good faith and without wanton misconduct, administers naloxone to a person experiencing an opioid overdose. This immunity extends to organizations that distribute naloxone and the medical supplies necessary for its administration.

Standing Orders

The Oregon Health Authority (OHA) supports statewide standing orders for naloxone distribution, enabling community organizations and first responders to carry and administer naloxone without individual prescriptions.

Oregon operates drug courts and treatment courts across the state under ORS 3.450, providing treatment-based alternatives to incarceration for individuals with substance use disorders who are involved in the criminal justice system.

Measure 57 Drug Courts (2008)

Ballot Measure 57 (2008) required that certain offenders with substance abuse issues receive treatment services. The state provides grant funds to counties for post-adjudication drug court programs. Eligibility requires a Measure 57-eligible offense (felony property or repeat drug delivery offense) and scoring a 3 or higher on the Texas Christian University (TCU) drug screen, indicating moderate or high substance abuse risk.

Effectiveness

Oregon's drug courts have demonstrated positive outcomes: participants show a 20.6% reduction in one-year recidivism rates compared to traditional probation, and drug-related charges decrease by 36.6% for drug court participants.

HB 4002 Deflection Programs (2024)

Under HB 4002, Oregon established a new category of behavioral health deflection programs. These programs allow law enforcement and prosecutors to divert individuals with substance use disorders into treatment before or instead of criminal prosecution. Between September 1, 2024, and August 4, 2025, 1,727 people qualified for deflection, with 1,308 entering a program.

Program Structure

Oregon drug courts use a multidisciplinary approach involving judges, prosecutors, defense attorneys, probation officers, and treatment providers. Participants undergo regular drug testing, mandatory treatment sessions, and frequent court appearances. Successful completion typically results in reduced sentencing or charge dismissal. Counties may charge reasonable fees under ORS 3.450 to offset program costs.

Oregon's approach to mandatory minimum sentencing for drug offenses is generally more restrained than many other states, with the legislature focusing on treatment alternatives rather than mandatory incarceration for lower-level offenses.

Measure 11 (1994)

Ballot Measure 11 (1994) established mandatory minimum sentences for certain serious crimes in Oregon, but its primary focus was on violent offenses and sex crimes rather than drug offenses specifically. Drug-related mandatory minimums apply primarily to large-scale manufacturing and delivery offenses.

Enhanced Sentencing (ORS 475.925)

Under ORS 475.925, enhanced sentences apply to certain controlled substance offenses, particularly those classified as commercial drug offenses (ORS 475.900). Commercial drug offenses involve manufacturing, delivering, or possessing with intent to deliver substantial quantities of controlled substances. These carry enhanced penalties beyond the base classification.

Measure 57 (2008) Enhancements

Measure 57 imposed mandatory prison sentences for repeat drug delivery offenses and certain felony property crimes committed to support a drug habit. After three property crime convictions, mandatory prison time is required rather than probation.

Post-HB 4002 Framework

For simple possession offenses, HB 4002 explicitly does not impose mandatory minimum jail time. The default is probation with mandatory treatment. Mandatory incarceration applies only if the defendant violates probation conditions or voluntarily waives probation.

Oregon offers robust treatment-based alternatives to incarceration for drug offenses, reflecting the state's ongoing emphasis on addressing substance use disorders through public health approaches.

HB 4002 Deflection Programs (2024)

The most significant new treatment pathway is the deflection program established under HB 4002. Counties may create pre-booking deflection programs where individuals encountered by law enforcement for drug possession can choose to enter treatment instead of the criminal justice system. Successful completion of a deflection program results in no criminal charges being filed.

Probation with Mandatory Treatment

Under HB 4002, the default sentence for possession is probation with mandatory addiction treatment. This means most people convicted of simple possession will be ordered into treatment rather than jail. The treatment approach is individualized based on clinical assessment.

Measure 110 Treatment Infrastructure

Despite the recriminalization of possession, the treatment infrastructure funded by Measure 110 remains active. Over $800 million has been allocated to substance abuse treatment services, including grants to community-based treatment providers across Oregon. The Behavioral Health Resource Networks (BHRNs) established under Measure 110 continue to provide screening, assessment, and connection to treatment services.

Drug Courts (ORS 3.450)

Oregon's drug court system provides intensive supervision and treatment for eligible defendants. Participants complete a structured program of treatment, regular drug testing, and court supervision. Successful completion can result in reduced charges or dismissal.

DUII Diversion Program

First-time DUII offenders may participate in a one-year diversion program that includes substance abuse evaluation, treatment completion, a victim impact panel, and ignition interlock device installation. Successful completion results in dismissal of the DUII charge.

Automatic Expungement

Possession convictions under HB 4002 are automatically expunged after three years, removing the long-term collateral consequences of a drug possession record and supporting reintegration into the community.

Oregon's drug policy landscape has undergone rapid and dramatic changes between 2020 and 2025.

Measure 110 — Drug Decriminalization (November 2020)

Oregon voters approved Measure 110 with 58.5% of the vote, making Oregon the first state to decriminalize personal possession of all controlled substances. Effective February 1, 2021, most possession offenses were reduced to Class E violations with a maximum $100 fine. The measure redirected marijuana tax revenue to fund substance abuse treatment services.

HB 4002 — Recriminalization of Possession (2024)

Amid rising public concern about open drug use, overdose deaths, and homelessness, the Oregon Legislature passed House Bill 4002 in March 2024. The Oregon House approved it overwhelmingly (with bipartisan support), and the Senate passed it on a 21-8 vote. Governor Kotek signed it on April 1, 2024. Effective September 1, 2024, possession of controlled substances is again a criminal offense—an unclassified misdemeanor with up to 180 days in jail.

$211 Million Treatment Investment (2024)

Immediately after passing HB 4002, lawmakers approved HB 5204, a $211 million spending package to fund deflection programs, treatment services, and behavioral health infrastructure. This passed with even stronger bipartisan support (54-2 in the House).

Deflection Program Rollout (2024-2025)

Counties across Oregon began standing up behavioral health deflection programs in the months following HB 4002's effective date. By August 2025, 1,727 people had qualified for deflection, with 1,308 entering treatment programs.

Measure 110 Audit (December 2025)

A December 2025 audit by the Oregon Secretary of State found that despite $800 million spent on Measure 110 treatment programs over four years, the state still lacks standardized outcome measures and cannot determine whether the approach has improved outcomes. Auditors cited inconsistent reporting, absence of outcome standards, and lack of integration with Oregon's broader behavioral health system.