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Enforcement of Oregon’s new drug possession law unfolds in the courtroom and on the streets, exposing gaps in an overrun system

Two drug possession cases before a Multnomah County judge Tuesday were dismissed for lack of attorneys or closed at the district attorney's request.

PORTLAND, Oregon — Inside the Multnomah County Justice Center on Tuesday afternoon, Portland got its first look at the consequences of Oregon’s new law recriminalizing drug possession. That law went into effect Sunday — since then, Portland police have sent six people to jail.

Three of those arrested were due in court on Tuesday. Few faced drug possession charges alone, with some also charged with felonies, including for drug dealing. That's part of the reason they were behind bars, because those other charges made them ineligible for deflection — the option of treatment over jail.

Out of the three cases Tuesday, one man was released, and his case was dismissed due to a lack of public defenders available to represent him. That man, who has a history of failure to appear, is due back in court in 12 weeks.

In the second case, the district attorney’s office decided not to prosecute, electing to close the case. According to them, that's because they hadn't received any information on the case from law enforcement.

"Having not received the case from law enforcement, our office had to no complaint the case because there was no information available to us with which to move forward," a spokesperson for the DA's office told KGW. "It is the determination of the arresting agency whether or not to refer a case to our office, so they would be best situated to speak to that decision."

In the third case, the judge set bail at $75,000. That man in the third case also faced multiple drug dealing charges.

“Addiction is really a public health concern,” said Sergeant Jerry Cioeta with the Portland Police Bureau. That’s why those caught solely for possession — unlike some of the people in court Tuesday — get the option of treatment over jail.

“In the last three days, out of 10 people, four people have gone to deflection — so that’s 40% percent,” Cioeta added.

READ MORE: Here's how each Portland-area county plans to tackle drug deflection

A KGW crew watched the deflection process unfold on the corner of Northwest Everett Street and 3rd Avenue in Old Town on Tuesday morning.

“They saw me put a foil in my pocket, but I wasn’t smoking nothing,” Wade said. He’s been homeless for most his life and is addicted to fentanyl.

When officers saw him with foil, that was enough for them to stop him for possession. But he qualified for the option of deflection. “I don’t know if I want to do it or not … because I want to be out here with my family,” Wade told KGW.  

Officers waited with Wade for about 10 minutes for outreach workers from 4D Recovery to show up. Once they got there, the officers left, and the outreach workers took over gathering basic information from Wade. They also spent about 20 minutes calling different detox and treatment centers, but there were no immediate openings.

“So, we gave him the proper documentation to either get ahold of us again, because he doesn’t have a phone, and we told him to show up at Hooper Detox tomorrow and every day this week until he gets in,” said Elly Staas, who works with 4D Recovery.

In the meantime, Wade is left on the streets. KGW watched as he and the team of outreach workers fist-bumped and walked in opposite directions.

“We told him the consequences of not following up. He’s got the piece of paper that says he’s done the first part of the deflection process, so the next part’s really up to him,” Staas said.

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