Is Cocaine Legal in Oregon? Current Laws & Penalties (2026)

Cocaine is not legal in Oregon. It never was.

What many people remember is Oregon's brief decriminalization experiment under Ballot Measure 110, which ran from February 2021 to August 2024. That experiment is over. As of September 1, 2024, cocaine possession is a criminal offense in Oregon again.

If you're asking this question in 2026, the answer is clear: possessing cocaine in Oregon can result in arrest, jail time, and a misdemeanor conviction on your record.

This article explains exactly what changed, what the current penalties are, and what the deflection program means if you're stopped by law enforcement.

Key Takeaways

• Cocaine is illegal in Oregon. It has never been fully legal, even during the Measure 110 decriminalization period.

• Measure 110 ended September 1, 2024. House Bill 4002 recriminalized drug possession, making it a misdemeanor again.

• Possession carries up to 180 days in jail. The new law created an unclassified drug enforcement misdemeanor for small amounts.

• Deflection programs exist as an alternative. Law enforcement in many counties can refer people to treatment instead of arrest, but it is not guaranteed.

• Selling cocaine is a felony. Distribution, trafficking, and possession with intent to deliver remain serious criminal offenses.

• Records can be expunged. Under HB 4002, eligible individuals may clear their records after completing certain programs or waiting periods.

What Measure 110 was and why it ended

In November 2020, Oregon voters passed Ballot Measure 110 with 58% support. It was a first-in-the-nation policy that made possession of small amounts of drugs including cocaine, heroin, and methamphetamine punishable only by a civil citation, similar to a traffic ticket.

The maximum fine was $100, which could be waived by completing a health assessment.

The idea was to treat addiction as a public health issue rather than a criminal one. The law redirected hundreds of millions of dollars in cannabis tax revenue toward addiction recovery services.

But implementation was slow, the fentanyl crisis escalated, and public frustration with visible drug use grew. In early 2024, the Oregon legislature moved to roll it back.

The timeline of Oregon drug law

Is cocaine legal in Oregon in 2026?

No. Cocaine is not legal in Oregon in 2026.

Possession of cocaine for personal use is a criminal misdemeanor. Selling, distributing, or trafficking cocaine is a felony. There is no scenario in which cocaine is legal under Oregon state law.

The confusion arises from the Measure 110 period (2021 to 2024), when possession of small amounts was decriminalized but not legalized. Even then, cocaine was never legal — it simply wasn't treated as a criminal offense for small amounts.

That distinction no longer matters. As of September 1, 2024, even small amounts of cocaine can result in arrest and criminal charges.

Current cocaine laws in Oregon (2026)

Here is what Oregon law says right now about cocaine.

Possession of cocaine

Under HB 4002, possession of a small amount of cocaine for personal use is an unclassified drug enforcement misdemeanor. The threshold for "personal use" amount of cocaine is generally less than 2 grams.

Penalties for possession:

• Up to 180 days in jail

• Up to 18 months of probation as a first step

• Probation violations result in 30 days of jail

• If probation is revoked, up to 180-day sentence applies

Sale, delivery, and trafficking

Selling or distributing cocaine is a far more serious offense. It is classified as a felony in Oregon, not a misdemeanor.

Penalties are enhanced if the delivery or sale occurs near:

• A public park

• A temporary residence shelter

• An addiction treatment facility

Those charges carry a maximum sentence of up to 18 months.

Possession on public transit

Senate Bill 1553, passed alongside HB 4002, heightens criminal charges for possession of a controlled substance on public transit. These charges carry additional penalties separate from the standard misdemeanor framework.

What is the deflection program?

HB 4002 does not just criminalize — it also creates a pathway away from prosecution called deflection.

Law enforcement officers are encouraged, but not required, to refer a person to a deflection program in lieu of arrest for the misdemeanor. Counties set up these programs independently. As of September 2024, most but not all Oregon counties had committed to offering deflection services.

Here is how the process works:

1. Police contact — Officer encounters someone with a small amount of cocaine

2. Deflection offer — Officer may refer the person directly to a treatment provider instead of arresting them

3. Treatment participation — Person engages with addiction services, health assessment, or support programs

4. Record cleared — Completing a deflection program can result in expungement with no criminal conviction

If deflection is not offered or the person does not complete it, there is still another option:

After arrest, district attorneys are required to offer a conditional discharge that includes probation and treatment, in lieu of a trial or plea agreement, unless the DA convinces a court that this is not in the public interest.

Can a cocaine charge be expunged in Oregon?

Yes, under certain conditions. HB 4002 includes expungement provisions for drug possession offenses.

Records may be eligible for expungement:

• After completing a deflection program

• Two years after a citation without a conviction

• After successful completion of probation

• Three years after a conviction

Expungement removes the conviction from your public record, which matters for employment, housing, and licensing applications. Consult a licensed Oregon attorney to determine eligibility in your specific case.

Federal law on cocaine

Even if Oregon changed its state law entirely, federal law would still apply. Cocaine is a Schedule II controlled substance under the federal Controlled Substances Act.

Under federal law, cocaine possession carries:

• First offense: up to 1 year in federal prison and a minimum $1,000 fine

• Second offense: up to 2 years and a minimum $2,500 fine

• Third or more offenses: up to 3 years and a minimum $5,000 fine

Federal charges for cocaine trafficking carry mandatory minimum sentences that can range from 5 years to life depending on the quantity involved.

State decriminalization or recriminalization does not affect federal law. A person can be charged under federal law regardless of what Oregon state law says.

What about other drugs in Oregon?

Oregon's HB 4002 applies to all controlled substances, not just cocaine. The same misdemeanor framework applies to possession of heroin, methamphetamine, fentanyl, and other drugs in small amounts.

Oregon has separately maintained legal status for:

• Cannabis — legal for adults 21+ under Measure 91 (2014), fully regulated

• Psilocybin — legal for therapeutic use in licensed settings under Measure 109 (2020)

Neither cannabis nor psilocybin legalization changes anything about cocaine's legal status. They are entirely separate policy frameworks.

Frequently Asked Questions

Is cocaine legal in Oregon?

No. Cocaine is not legal in Oregon. As of September 1, 2024, possession of cocaine is a criminal misdemeanor under House Bill 4002, punishable by up to 180 days in jail. Selling cocaine is a felony.

Did Oregon legalize cocaine under Measure 110?

No. Measure 110 decriminalized small amounts of cocaine for personal use — meaning possession was treated as a civil citation rather than a crime. It did not legalize cocaine. That decriminalization period ended on September 1, 2024.

What is the penalty for cocaine possession in Oregon in 2026?

Possession of a small amount of cocaine is an unclassified drug enforcement misdemeanor. Penalties include up to 18 months of probation, and up to 180 days in jail if probation is violated or revoked.

What counts as a personal-use amount of cocaine in Oregon?

Generally, less than 2 grams is considered a personal-use amount under Oregon law. Amounts above this threshold may not qualify for misdemeanor treatment and could result in more serious charges.

What is Oregon's deflection program for cocaine possession?

Deflection allows law enforcement to refer a person found with cocaine directly to a treatment provider instead of arresting them. Completing a deflection program can result in no criminal charges filed. However, deflection is not mandatory and varies by county.

Can a cocaine possession charge be expunged in Oregon?

Yes, under certain conditions. Records may be expunged after completing a deflection program, two years after a citation without conviction, or three years after a conviction. An Oregon attorney can advise on eligibility.

Does federal law apply to cocaine possession in Oregon?

Yes. Cocaine remains a Schedule II controlled substance under federal law. Federal charges can be filed regardless of Oregon state law and carry their own separate penalties including mandatory minimum sentences for trafficking.

Oregon's drug laws have changed significantly in the past five years, and the confusion is understandable. But in 2026, the answer is straightforward: cocaine is illegal in Oregon, possession is a criminal offense, and the consequences are real. If you or someone you know is facing a drug possession charge in Oregon, consulting a licensed Oregon attorney is the right first step.