Oregon’s Historic Decriminalization Experiment is Coming To An End

In 2020, Oregon voters passed a law to decriminalize small amounts of hard drugs like heroin and cocaine. This means those caught with these drugs would not go to jail but might get a fine or treatment instead. At first, an overwhelming number of people thought this was a good idea. But now, after three years, many have changed their minds. As a result of rising drug use and overdose deaths, the state is bringing back tougher penalties for possessing these drugs. 

Let’s take a look at the latest developments in this hotly divisive issue.

Background of Measure 110

Measure 110 was approved by Oregon voters in November 2020. This reform made it so that possessing small amounts of hard drugs like fentanyl, heroin, cocaine, and methamphetamine was no longer a criminal offense. Instead of facing jail time, people caught with these drugs could receive a $100 fine or be referred to addiction treatment services. The idea behind this measure was to treat drug use as a public health issue rather than a criminal one.

In addition to decriminalizing possession, Measure 110 included significant investments in addiction treatment and support services. Funds from the state’s marijuana tax revenue were redirected to create a comprehensive system for helping those struggling with addiction. This included funding for detox centers, recovery programs, and harm reduction services. The aim was to provide better access to treatment and support, making it easier for people to get the help they needed to recover.

Initial Reactions and Expectations

When Measure 110 passed, national drug reform advocates were very excited. They believed this was a big step forward in fixing the problems caused by the war on drugs. Many thought that decriminalizing drug possession would help reduce the number of people in prison for minor drug offenses. They also hoped it would provide better treatment options for those struggling with addiction. The idea was to focus on helping people get better rather than punishing them, so there were high hopes that this new approach would lead to a healthier and safer community.

Challenges and Rising Concerns

As time went on, some serious problems started to appear. There were more overdose deaths and higher rates of drug use than before. People began to see more drug use happening in public places like streets, parks, and camping areas, and this made many residents feel uneasy and worried about their safety. Parents were concerned about their children encountering drug use in public spaces, and business owners were frustrated with the impact on their neighborhoods.

Communities started to push back against the changes, feeling that the decriminalization was not working as they had hoped. They saw an increase in visible homelessness and open drug use, which made them feel less safe in their hometowns. These rising concerns led to a shift in public opinion, with more people believing that tougher penalties were needed to address the issues. Local governments and residents began to call for a return to stricter laws to reduce the negative impacts they were experiencing.

Journalist for The New Yorker, E. Tammy Kim, spoke with many different people to understand the effects of Measure 110. She talked to activists, treatment providers, police, lawmakers, and drug users to get a full picture of what was happening. Each group had its own view on the success and failures of the decriminalization experiment. Some activists and treatment providers felt that the measure was a step in the right direction, aiming to help people rather than punish them. Police and lawmakers, however, were more critical. They believed that the rise in public drug use and overdoses showed that the measure was not working as planned.

Tammy Kim noted, “One of the reasons it was hard to evaluate the asserted rise in crime rates was because, before the decriminalization of drugs, a lot of drug arrests weren’t simply drug arrests, per se. They were drug arrests that were made in connection with other sorts of crimes like, you know, theft or, you know, other sorts of, like, small, petty, kind of usually economic crimes.”

Impact on Law Enforcement and Public Safety

Police officers had to adjust to the new rules that focused on helping drug users get treatment instead of arresting them. Many officers felt that without the power to arrest, it was harder to keep public spaces safe and orderly. They used to believe that arresting people for drug possession could lead them to treatment, but now they see more drug use in public places.

In places like Medford, people noticed more drug use on the streets, which made them feel unsafe. Business owners were upset because they saw more homeless people and drug users around their stores. Parents worried about their children seeing drug use in parks and other public areas. These changes made it clear that finding the right balance between decriminalization and public safety is more challenging than lawmakers initially thought.

Legislative Response and Recriminalization

In December 2023, the Oregon Legislature held a long hearing to discuss Measure 110. After listening to many different opinions, they decided to bring back criminal penalties for possessing small amounts of hard drugs. The new laws mean that people caught with these drugs could now face jail time again. However, the lawmakers also made sure to keep funding for addiction treatment and harm reduction programs. They even added more money to these services, hoping to still help people struggling with addiction while also addressing public safety concerns.

Broader Implications and Lessons Learned

Oregon’s experiment with decriminalization has sparked national conversations about drug policy. It highlighted the difficulties in balancing support for addiction recovery, harm reduction, and public safety. While some states may hesitate to adopt similar measures, others may seek to refine and improve upon Oregon’s approach. The lessons learned from Oregon’s experience will play a crucial role in shaping future drug policy reforms. As lawmakers continue to debate and refine their strategies, the insights gained from Oregon will help guide more effective and balanced solutions for addressing drug addiction and public safety.