New law revives criminal penalties for drug possession

In a recent government meeting, officials discussed the implications of a new House bill that recriminalizes the possession of hard drugs, set to take effect at 12:01 a.m. on September 1. While possession has always been unlawful, the bill reinstates criminal penalties that had been effectively suspended under Measure 110.

Commissioner Burchauer highlighted the active efforts of the district attorney's office to align with legislative goals, particularly focusing on \"deflection\" strategies aimed at diverting individuals away from the criminal justice system. Traditionally, first-time offenders caught with small amounts of drugs have been offered diversion programs, which allow them to undergo treatment instead of facing charges. Over 90% of such offenders have accepted these offers, leading to case dismissals upon successful completion of treatment.

However, officials expressed skepticism about the effectiveness of the new deflection approach. They anticipate that a significant portion of cases—potentially over 80%—will still end up being filed in court, contrary to the bill's intent. This expectation suggests that the new legislation may lead to an increased influx of drug-related cases, as law enforcement has indicated a backlog of individuals they wish to address following the leniency of Measure 110.

The meeting also noted that funding has been allocated to support deflection processes, with the Criminal Justice Commission recently concluding its grant review. As the September deadline approaches, officials are preparing for a potential surge in cases, reflecting a shift in the state's approach to drug possession and treatment.