May 16, 2024
On April 1, 2024, a provision of HB 4002 became effective that restored crucial tools to hold drug dealers accountable. Prosecutors at MCDA have moved forward with pressing charges under the new law. DA Mike Schmidt advocated for the law changes that legislators ultimately adopted.
In 2021, the Court of Appeals decision in State v. Hubbell, 314 Or App 844, overturned on technical grounds a long-standing statewide practice whereby a prosecutor could charge a defendant with delivery when they were found in possession of a significant quantity of a controlled substance along with evidence of the intent to distribute, even if they had not yet identified a buyer. This change meant that law enforcement could often no longer prove a delivery unless they caught the defendant in the actual act of distributing the drug. Individuals caught with large quantities of drugs were therefore often only charged with simple possession, and the number of drug distribution cases dropped both in Multnomah County and statewide as a result.
With the restoration of these provisions via HB 4002, prosecutors in Multnomah County have resumed charging these cases.
DA Mike Schmidt said: “I am pleased that lawmakers share my concern that the dealers of deadly substances like fentanyl need to be held fully accountable under the law. The restoration of constructive delivery is making it easier for my office to prosecute the dealers that are driving addiction on the streets of Portland and throughout Oregon.”
In April, approximately 25% of new prosecutions involving delivery of a controlled substance were charged under the new provisions of HB 4002.
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