Oregon Reinstates Criminalization of Drug Possession Amid Rising Overdose Rates and Funding Challenges

Oregon Recriminalizes Drug Possession as Experiment Ends

Portland, Oregon – As of Sunday, it is once again illegal to possess small amounts of hard drugs in Oregon, marking the end of a ground-breaking law that aimed to shift the state’s approach to drug use. The law, known as Measure 110, decriminalized possession of hard drugs in 2021, but this year’s legislative session saw it rolled back after significant concern over rising overdose rates, particularly from fentanyl.

Background of Measure 110

Oregon’s Measure 110 was praised by many as a progressive move intended to help rather than punish those struggling with addiction. It was designed to offer support by providing access to treatment services instead of resorting to arrests. Under this law, police officers were required to issue a $100 citation instead of jail time for those caught with small amounts of drugs. The citation could be waived if the person reached out to a state-funded hotline and enrolled for treatment assessment.

Funding for these services came from marijuana tax revenue, as marijuana has been legal in Oregon since 2015. Supporters highlighted the need to address how drug-related arrests disproportionately affected Black and Native American communities compared to their white counterparts. The measure was passed in November 2020, gaining support from about 60 percent of voters, as part of a larger call for criminal justice reform.

Challenges Faced by the Measure

However, from the start, the challenges facing Measure 110 were evident. There was a lack of adequate funding and resources for behavioral health services, which hampered the initiative’s effectiveness. Experts noted that Oregon had ranked last in the country for providing access to substance-use disorder treatment. The pressures on the healthcare system, exacerbated by the COVID-19 pandemic, only added to the difficulties of implementing the measure.

Adding to the complications was the rapid rise of fentanyl, a powerful opioid. As fentanyl became more prevalent on the West Coast, overdoses surged. In January, officials in downtown Portland even declared a 90-day state of emergency in response to soaring numbers of fentanyl overdoses.

Legislative Reversal

Polling data began to show that public support for decriminalization was waning. Concerned citizens and groups started advocating for amendments to the law to better address the growing overdose crisis. In February 2023, the Oregon House of Representatives voted in favor of recriminalizing drug possession, and the state Senate followed suit the next day. Governor Tina Kotek signed the recriminalization bill into law on April 1.

The way the law was enforced during its brief period in effect raised additional questions. Data indicated that circuit courts imposed nearly $900,000 in fines related to the measure, but collected only about $78,000 of that amount. Approximately 7,227 people received citations, with an 89 percent conviction rate largely due to failures to appear in court. Methamphetamine was the most commonly cited drug, accounting for 54 percent of the citations, while fentanyl and other Schedule II drugs made up 31 percent.

Mixed Reactions from Advocates

Reactions from supporters of Measure 110 have been largely negative, viewing the rollback as a backward step in the fight against drug addiction. Advocates argue that criminalizing drug possession makes it harder to address the issue at hand. “It’s easier for the legislature to blame and stigmatize and disappear people into jails than to fix the problem they had a hand in creating,” noted a representative from an advocacy group.

Conclusion

The last day of Measure 110’s enforcement coincided with Overdose Awareness Day, underscoring the ongoing struggles surrounding drug use and addiction in not just Oregon, but across the country. As the state moves forward, the focus shifts once again to finding effective solutions to the substance abuse crisis.