Oregon State Makes Stunning Reversal On Drug Policy

On November 3rd, 2020 Oregon voters passed Measure 110 with nearly 59 percent of the vote.  Part of the measure would have used funding from the State's marijuana tax revenue and from money saved in the criminal justice system to fund addiction treatment services.

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The other part of the measure became a first-of-it's kind experiment in drug decriminalization.  Possession of any hard drug was newly classified as a Class E crime resulting in a maximum $100 fine.  In short, personal possession of an illegal drug no longer constituted a crime but manufacturing and distribution still did.

The measure took effect in February of 2021.  Those that received a citation for the $100 could have the fine waved if they called an addiction hotline within 45 days.  If they didn't, there would be no penalty for not paying the fine.  A year after the law kicked in an audit found around 1% of people cited called the hotline.

The bigger consequence that came with decriminalization was the spike in overdoses around the State.  In 2019, the year before Measure 100 passed, 280 people in The Beaver State died of a drug overdose.  In 2022 that number mire than tripled with 956 deaths.  By the end of June 2023, there were already 628 overdose deaths (full 2023 stats are not yet available).

In November of last year Cities around the State added their voice to those of Prosecutors and law enforcement in saying something needed to change.  The fentanyl epidemic made the impact of Measure 110 exponentially worse.  Polls showed 56% of Oregon supported a full repeal of the measure while 64% supported partial repeal.

Two ballot initiatives were filed with the Oregon Secretary of State's office to repeal Measure 110.  The push had over $700,000 behind it as well as the support of Nike co-founder Phil Knight.  The Initiative would, among other things, make illegal drug possession a crime punishable by prison time and mandatory treatment instead of voluntary.

Lawmakers who did not want to see the Measure gutted decided to act.  HB 4002 was introduced making illegal drug possession a misdemeanor.  Treatment would be an alternative to jail, but jail time would come into play with a probation violation.

The Oregon State House passed the measure February 29th 51-7.  The following day the State Senate voted 21-7 to pass the bill and send it to Governor Tina Kotek's desk for a signature.  Marijuana and psilocybin mushrooms are exempt from the new law.  If Kotek signs, it would go into effect September 1st of this year.