Oregon, recognized as a trailblazer in societal policies, added another first to its list three years ago when it decided to decriminalize hard drugs. This revolutionary approach aimed to prioritize treatment over punishment and serve as an innovative model to curb substance abuse. However, escalating rates of overdose deaths, increasing crime and homelessness linked to addiction have urged the state to revert to criminalizing hard drugs. As Measure 110, this unique venture, concludes its three-and-a-half-year run this Sunday, possessing minor amounts of narcotics will return to being an offence punishable by law.
Many Oregonians, beleaguered by the situation, breathe a sigh of relief at the reconversion, whereas supporters of treatment-oriented strategies believe this reversal unfairly elevates law enforcement above the marginalized. A significant portion of the resident population, however, appears to see things differently. A representative citizen named Kai expressed his belief to KGW News that Measure 110 ‘must be repealed’
Oregon finds itself grappling with some of the most severe substance abuse issues nationwide, while being ranked dismal in offering ‘access and engagement with care’ as per a 2019 government report on the state’s struggles against drug menace. Under Measure 110, minor drug possessions would result in a violation akin to a traffic ticket, instead of landing the offender in jail. However, larger possession of hard drugs could bring in misdemeanor charges, and if found to possess commercial quantities, the law would still consider it a felony.
As part of this measure, funds generated from cannabis tax revenue – adding up to hundreds of millions of dollars – were re-channeled to finance recovery programs. Measure 110 received the endorsement of 58% of voters in 2020. However, public sentiment towards the policy had shifted by 2023, with polls revealing that 64% desired to repeal it, either fully or in part.
Intricacies of bureaucracy and slow financial disbursements to health and substance abuse departments, already grappling with the Covid-19 pandemic, were primary issues with the new policy. The pandemic, in addition to impeding progress, played a part in worsening the fentanyl crisis in the state, leading to a surge in fatal overdoses.
Under Measure 110 regulations, offenders caught with drugs received citations and were given two options: either pay a $100 fine via court or make a phone call to a designated helpline. There were no compulsory requirements for them to attend a drug treatment facility or provide evidence that they were on course to tackle their addiction. If they chose to dial the helpline, both their fines and charges would be rescinded.
Unfortunately, state records indicate that the majority chose neither of these options. Statistics reveal that since the implementation of Measure 110 on February 1, 2021, the state imposed 7,227 fines amounting to $899,413, out of which only $78,143 was collected. The 89% conviction rate, surprisingly high, is attributed to the large number of individuals failing to appear in court, according to the Oregon Judicial Department.
From the total population that received citations, only 85 underwent the required substance abuse screening to evade a conviction. Findings further suggest that police most frequently issued citations to methamphetamine users, accounting for 54% of all cases. Fentanyl, with 31%, came second, followed by heroin (7%), oxycodone (3%) and cocaine (1%).
Multnomah County, the smallest yet most populated county in the state, is home to Portland, Oregon’s largest city. This geographically compact, densely populated area saw an issuance of nearly 2,000 Measure 110 related citations, with an associated conviction rate hovering at a hefty 93%, primarily due to defendants’ failure to attend their court dates. In total, a mere 16 individuals in the county underwent the compulsory substance abuse screening.
The city of Medford, with a population count of 85,824, had the law enforcement issuing the highest number of citations as per state data, amounting to 2,036 tickets, where 1,260 were related to methamphetamines. The Oregon State Police were next in line, handing out 1,756 citations, with 823 connected to methamphetamines and 744 linked to fentanyl or other high-abuse potential Schedule II drugs.
Max Williams, a former Republican state lawmaker and an ex-director of the Oregon Department of Corrections, shared with the Oregon Capital Chronicle that the general consensus among state residents is that Measure 110 exacerbated the situation. He stated, ‘It’s clear that the citation approach isn’t working,’ pointing out that a ticket, often costing less than a typical parking fine, is unlikely to motivate those deep into their addictions to seek help.
Expressing a ‘cautious optimism’ when Measure 110 was passed, Portland Mayor Ted Wheeler admitted to the New York Times that his initial optimism had now been replaced with disappointment. On April 1, 2024, Governor Tina Kotek of Oregon signed into law a bill that partially undid Measure 110, resuscitating the status of personal substance use to a misdemeanor, which would potentially result in jail time.
The newly approved law, slated to come into action this Sunday, not only revives criminal penalties but also introduces alternative programs diverting offenders towards treatment for addiction and mental health services, instead of prolonged jail terms, thus targeting the overstressed Oregon Criminal Justice System.
This legislative move symbolizes a substantial shift in Oregon’s stance towards regulating drug usage as well as a significant deviation from previous policies. Governor Kotek expressed that the effectiveness of the new law would be hinged on the ‘deep coordination’ among courts, law enforcement, legal practitioners, and local mental health providers.
Thus, Oregon’s ambitious but controversial measure 110 comes to an end. Born out of optimism and a need to rethink drug policies, the attempt to decriminalize hard drugs faced headwinds and unsurmountable challenges, leading to its rollback. The subsequent policy reflects a renewed blend of stringent laws and revamped support services aimed at treating rather than punishing those swamped by the tides of substance abuse.