Possession: Know the M110 law.

M110, the Drug Addiction Treatment and Recovery Act, was passed by Oregon voters in November 2020 and went into effect on February 1, 2021. M110 was passed in recognition of the scale of the overdose crisis in Oregon and the need to expand access to treatment. The law enacted a health-based approach to substance use and overdose by: 

Decriminalizing the possession of small amounts of hard drugs for personal use, making it a civil violation instead of a criminal offense. People found with small amounts of drugs currently are not arrested and instead receive a citation for a Class E violation, which carries a maximum fine of $100. People can have their Class E violations dismissed and the fine waived by completing a screening within 45 days of receiving the citation and providing proof of the screening to the court. The Oregon Hopeline was established to provide these screenings by phone.

Need to complete a screening for a Class E violation? Call and speak to a Hopeline Peer Support Specialist at 833.975.0505. The Hopeline will email you a letter that confirms you have completed the screening. This process remains in effect through 8/31/2024. 

Funding expanded access to treatment and recovery services in Oregon. Funds came from the redirection of a portion of Oregon’s cannabis tax revenue, as well as savings from reduced incarceration and criminal justice costs. An Oversight and Accountability Council was established to manage the distribution of funds and make sure resources are effectively supporting treatment and recovery services statewide. 

Establishing Behavioral Health Resource Networks (BHRNs). BHRNs are networks of community-based organizations that provide a wide range of accessible, trauma-informed, and culturally responsive services to people seeking treatment and support for substance use concerns. They provide screening for substance use disorders, substance use disorder treatment, harm reduction and overdose prevention services, recovery and peer support services, and other supportive services, like housing and employment services. Each county and Tribal area in Oregon has at least one BHRN.

In February 2024, Oregon lawmakers passed House Bill 4002, which repealed the Class E violation and replaced it with a misdemeanor crime of unlawful possession of a controlled substance. People who have been charged with possession could get fines and/or up to 6 months in jail. But in some counties, no criminal charges will be filed if the person completes a deflection program (see information about deflection programs below).  

Learn more about changes to M110 and how you might be affected. 

We are here for you. 

The Oregon Hopeline continues to be funded by M110, and we will continue to provide information and referrals to people seeking harm reduction, treatment, recovery, and supportive services. BHRNs will continue to provide services to people in their communities. 

Through August 31, 2024, if you are found with small amounts of drugs for personal use, you may receive a Class E citation that carries a fine of up to $100. You can have this fine waived by completing a screening when you call the Hopeline within 45 days of receiving a Class E citation. 

1. Call us at 833.975.0505. Our trained Hopeline Peer Support Specialists will provide a screening for substance use, mental health, and other supportive service referrals you might need. 
2. Once the screening is complete, we will refer you to appropriate services. 
3. We will email you a letter that confirms you have completed the screening. Send it to court to waive your fine. 

Beginning September 1, 2024, if you are found with a small amount of drugs for personal use you can be charged with a misdemeanor crime of unlawful possession of a controlled substance. Depending on the county, you may be referred to a deflection program instead of being arrested or before referral to the district attorney. 

Deflection and diversion programs 

Under HB 4002, law enforcement officers are encouraged, but not required, to refer a person to a deflection program instead of arresting them, or after arrest but before referral to the district attorney.  

Deflection programs are collaborations between law enforcement agencies and behavioral health programs. In a deflection program, people who are found with small amounts of drugs for personal use are connected with treatment, recovery, and supportive services in the community, instead of being arrested and charged with a crime.  

Deflection programs are operated by counties and federally recognized Tribal governments. Not every county has a deflection program in place. You can find a list of the counties and Tribal governments that have received grants for developing and operating deflection programs online. This list may change over time as counties can opt in at any time. Contact us if you have questions about deflection programs and which counties have them.  

Penalties for unlawful possession 

If you are charged with possession, the sentence you receive can vary based on your specific circumstances, including differences by county. 

• Generally, the default sentence may start with probation for up to 18 months.  
• If you violate the terms of your probation, you might face up to 6 months in jail. 
• The court may allow early release from jail to participate in inpatient or outpatient treatment programs.