Drug Recriminalization in Oregon
America’s most radical experiment with drug decriminalization has ended after more than three years of painful results. Oregon Governor Tina Kotek has pledged to sign legislation repealing the principal elements of the ballot initiative known as Measure 110: Possessing hard drugs is again a crime in Oregon, and courts will return to mandating treatment for offenders. Oregonians had supported Measure 110 with 59 percent of the vote in 2020, but three years later, polling showed that 64 percent wanted some or all of it repealed. Although the measure was touted by advocates as a racial-justice policy, support for its repeal was especially strong among African American and Hispanic Oregonians.
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Measure 110 did not reduce Oregon’s drug problems. The drug-overdose-death rate increased by 43 percent in 2021, its first year of implementation—and then kept rising. The latest CDC data show that in the 12 months ending in September 2023, deaths by overdose grew by 41.6 percent, versus 2.1 percent nationwide. No other state saw a higher rise in deaths. Only one state, Vermont, ranks higher in its rate of illicit drug use.
Neither did decriminalization produce a flood of help-seeking. The replacement for criminal penalties, a $100 ticket for drug possession with the fine waived if the individual called a toll-free number for a health assessment, with the aim of encouraging treatment, failed completely. More than 95 percent of people ignored the ticket, for which—in keeping with the spirit of Measure 110—there was no consequence. The cost of the hotline worked out to about $7,000 per completed phone call, according to The Economist. These realities, as well as associated disorder such as open-air drug markets and a sharp rise in violent crime—while such crime was falling nationally—led Oregonians to rethink their drug policy....
We were not surprised that a trivial pressure to seek treatment was ineffective. Fentanyl and meth addiction are not like depression, chronic pain, or cancer, conditions for which people are typically motivated to seek treatment. Even as it destroys a person’s life, addictive drug use by definition feels good in the short term, and most addicted people resist or are ambivalent about giving that up. Withdrawal, meanwhile, is wrenchingly difficult. As a result, most addicted people who come to treatment do so not spontaneously but through pressure from family, friends, employers, health professionals, and, yes, the law.
But it wasn’t just that the measure’s proponents misunderstood addiction. They also did not understand Oregon, a state in which the measure’s biggest funders did not live. Branding Measure 110 as a rebuke to the War on Drugs made no sense, because Oregon had never fought such a war. In 1973, it became the first state to decriminalize possession of marijuana. When federal and state mandatory-minimum sentences for drug crimes flowered in the ’80s and ’90s, Oregon went the other way, making it impossible for someone to go to prison for simple drug possession. Overall, the state had the country’s lowest rate of imprisonment for nonviolent crimes. Short local-jail sentences for drug possession were permitted, but diversion programs, including drug courts and community supervision with drug testing, were widely used. However, after Measure 110 was passed and the threat of jail time eliminated, the flow of people into these programs slowed.
