Here’s Why Oregon Is Walking Back Its Drug Decriminalization Law
Oregon reversed course on its high-profile three-year-long experiment to decriminalize drugs, as Democratic Gov. Tina Kotek signed a bill Monday adding new criminal penalties for drug possession amid increases in public drug use and opioid-related deaths.
Under the new law, beginning on Sept. 1, drug possession will be a misdemeanor crime punishable by up to six months in jail, undoing the decriminalization efforts of Measure 110, a ballot initiative that made most drug possession offenses punishable by fines, with the state aiming to focus more on addiction treatment and services.
Kotek and other state Democrats have emphasized that the new law still aims to put the focus on treatment and alternatives to incarceration—the new law also offers pathways to try and guide individuals away from incarceration, invests in new addiction services facilities and would expunge future convictions after three years.
In a signing letter, Kotek appeared to hint at the challenges that hampered implementation of Measure 110, noting “success of this policy framework hinges on the ability of implementing partners to commit to deep coordination at all levels.”
State Democrats came to a bipartisan solution with Republicans, longtime critics of Measure 110, as the state had significant increases in overdose deaths and concerns grew about public drug use.
Unintentional opioid overdose deaths more than tripled in Oregon between 2019 and 2022, from 280 to 956, according to state data, and a CDC analysis in 2023 found that drug overdose deaths increased by 44% in Oregon between October 2022 and October 2023, the largest increase in any state.
KEY BACKGROUND
Measure 110 was approved by 58% of voters in Oregon in 2020. But since then, even the measure’s previous backers have been working on a legislative compromise for change amid concern about drug use across the state. In Portland, city officials passed a September 2023 law banning public drug use amid concern about crime, homelessness and safety. Some evidence suggests that the law itself was hampered by poor implementation—a joint investigation by Oregon Public Broadcasting and ProPublica earlier this year found state leaders failed to implement initiatives to connect those fined by law enforcement with services, and that training for law enforcement on their role in the process was lacking. A 2023 state audit on the measure suggested that funding was slow to roll out and that many of the required services for those struggling with abuse were not running at full capacity.
CHIEF CRITIC
Republican state Rep. Jeff Helfrich told CNN earlier this month that Measure 110 was “an unmitigated disaster,” noting: “You look at what has happened: open fentanyl, open drugs on the streets.”
WHAT TO WATCH FOR
The state’s own estimates in March determined the new framework would likely result in 1,333 new convictions each year—still lower than the numbers in the years prior to decriminalization, but only by around 16%, according to Oregon Public Broadcasting.
CONTRA
It’s not clear how much decriminalization has contributed to the number of overdoses or drug abuse in the state. At least one New York University study found no evidence to suggest the law had any link to fatal drug overdoses, but at least one other study from the University of Toronto found there was a link. Some lawmakers who voted against recriminalizing drugs feared it would bring a return to law enforcement tactics that overwhelmingly targeted Black men, according to the Associated Press, with Portland’s Democratic Sen. Lew Frederick concerned that bringing penalties “will attempt to use the same tactics of the past, and fail, only to reinforce the punishment narrative that has failed for 50 years.” The Prison Policy Initiative argued against repealing decriminalization, noting the Oregon Health Authority had recorded a nearly 300% increase in people seeking addiction services since Measure 110 was enacted.
CRUCIAL QUOTE
Portland Democratic Mayor Ted Wheeler agreed with the decision to recriminalize drugs, but was cautious about the change, telling the New York Times: “I hope this isn’t an excuse for people to turn their backs on the hard work of building a mental health system.”
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