Oregon’s decision to reverse its three-year experiment with drug decriminalization has sparked controversy and debate across the state. Governor Tina Kotek signed a bill on Monday that adds new criminal penalties for drug possession, undoing the efforts of Measure 110 which aimed to focus on addiction treatment rather than incarceration. The new law, set to take effect on September 1, will make drug possession a misdemeanor punishable by up to six months in jail.
Despite the reintroduction of criminal penalties, state Democrats have emphasized that the focus will still be on treatment and alternatives to incarceration. The new law includes pathways to guide individuals away from jail, invests in addiction services facilities, and offers expungement of convictions after three years. Governor Kotek acknowledged the challenges that hindered the implementation of Measure 110, stating that success depends on deep coordination at all levels.
The decision to reverse drug decriminalization came after a bipartisan agreement between Democrats and Republicans, who raised concerns about the significant increase in overdose deaths and public drug use in Oregon. Opioid overdose deaths in the state more than tripled between 2019 and 2022, prompting urgent action to address the crisis. A CDC analysis found a 44% increase in drug overdose deaths in Oregon between October 2022 and 2023, the largest surge in any state.
Measure 110, approved by voters in 2020, faced criticism for its poor implementation and failure to connect individuals with services. A state audit in 2023 highlighted slow funding rollout and limited capacity of services for those struggling with addiction. Critics, including Republican Rep. Jeff Helfrich, called Measure 110 an “unmitigated disaster” citing widespread drug use and crime on the streets. However, some studies have found conflicting evidence on the link between decriminalization and fatal drug overdoses.
Moving forward, Oregon’s new drug policy framework is expected to result in around 1,333 new convictions each year, a slight decrease compared to pre-decriminalization numbers. Concerns remain about the impact of recriminalization on marginalized communities, with some lawmakers fearing a return to enforcement tactics that disproportionately target Black men. The Prison Policy Initiative warned against repealing decriminalization, highlighting the increase in people seeking addiction services since Measure 110 was enacted.
Portland Mayor Ted Wheeler supported the decision to recriminalize drugs but urged caution, emphasizing the need to continue building a robust mental health system. The debate surrounding Oregon’s drug policy shift reflects broader discussions on how to address addiction, public safety, and criminal justice in the state. As the new law takes effect in September, stakeholders will be closely watching its impact on drug use, overdose rates, and access to treatment services.
