Oregon Lawmakers Move To Reverse Drug Decriminalization Laws Amid Fentanyl Crisis

Oregon lawmakers are on the cusp of revisiting the state’s drug decriminalization measure. Once hailed as a groundbreaking approach to addiction, the law has faced intense backlash as communities grapple with the devastating impacts of fentanyl use.

On Thursday, the Oregon House of Representatives voted 51-7 to make possession of a small amount of drugs a misdemeanor once again, which has garnered significant bipartisan support. The bill will now proceed to the Oregon Senate before it reaches the desk of Gov. Tina Kotek (D-Oregon), who has expressed openness to signing the legislation.

The implementation of Measure 110 in Oregon, approved by voters over three years ago, sparked heated debates about drug policy, public safety and justice.

Championed by the reform organization Drug Policy Alliance, Measure 110 was initially celebrated as an innovative public health approach and a departure from the failed war on drugs. For decades, the war on drugs had disproportionately impacted people of color and led to widespread calls for reform. Supporters of Measure 110 drew inspiration from Portugal, which decriminalized certain hard drugs in 2001 and is often viewed as a model for prioritizing public health in drug use management.

In November 2020, nearly 60% of Oregon voters endorsed Measure 110 amid the national reckoning on justice reform that followed the murder of George Floyd and a sharp rise in fatal drug overdoses across the United States.

Under Measure 110, the criminal punishment for possession of small quantities of drugs like heroin, methamphetamine and cocaine was eliminated. Instead of arresting individuals, law enforcement officers were directed to issue $100 citations, which could be waived if the individuals contacted a state-funded hotline and enrolled in an assessment for treatment. The measure, which took effect in February 2021, allocated a substantial portion of marijuana tax revenue to enhance services for those who struggled with addiction.

However, Oregon’s long-standing underinvestment in behavioral health services created significant challenges for individuals who were meant to benefit from Measure 110. Oregon historically has a lack of available providers for drug users, due to decades of inadequate funding for such health services. In 2020, Oregon was ranked last in the nation in terms of people’s access to substance use disorder treatment.

The presence of illicit fentanyl further complicated the implementation of Measure 110. An extremely potent opioid that can be up to 50 times stronger than heroin, fentanyl has contributed to a sharp increase in drug overdose deaths. Federal data revealed that Oregon recorded 1,387 drug overdose deaths in 2022, which marked a nearly 160% surge compared to five years earlier.

The legislation passed by the Oregon House of Representatives on Thursday reclassifies drug possession as a misdemeanor, with a maximum penalty of 180 days in jail or 18 months of probation. The legislation also encourages police officers and district attorneys to divert defendants to state-funded “deflection” programs that prioritize treatment over arrest or conviction. Fines and fees cannot be imposed as part of the sentence, and the state provides grants for medication-assisted opioid addiction treatment in correctional facilities.

Officials estimate that the revised law will result in approximately 2,257 misdemeanor drug possession convictions per year, with black and Hispanic defendants disproportionately represented.