Oregon Reverses Drug Decriminalization, Adds Jail Terms

Oregon is reversing its drug decriminalization law, opting instead for new penalties for drug possession. Governor Tina Kotek signed a bill adding misdemeanor charges and up to six months in jail starting September 1. This move undoes the decriminalization efforts of Measure 110, which aimed to fine drug possession offenses and prioritize addiction treatment. Despite the rollback, the new law still emphasizes treatment and offers pathways to steer individuals away from incarceration. It also invests in new addiction services facilities and would expunge future convictions after three years.

The decision follows significant increases in overdose deaths and public drug use, prompting bipartisan action from state Democrats and Republicans, including longtime critics of Measure 110. Unintentional opioid overdose deaths more than tripled in Oregon between 2019 and 2022, reaching 956, according to state data. A CDC analysis in 2023 found a 44% increase in drug overdose deaths in Oregon between October 2022 and October 2023, the largest increase in any state.

Measure 110, approved by 58% of Oregon voters in 2020, faced challenges in implementation, with concerns about public safety and a lack of coordination in connecting those fined by law enforcement with services. Republican state Rep. Jeff Helfrich criticized Measure 110, calling it “an unmitigated disaster.”

The state’s estimates suggest the new law could result in 1,333 new convictions each year, a 16% decrease from pre-decriminalization levels. However, the impact of decriminalization on overdose rates and drug abuse remains unclear, with studies offering conflicting conclusions. Some lawmakers argue against recriminalization, fearing it could disproportionately target Black men and fail to address underlying issues. The Prison Policy Initiative opposes repealing decriminalization, citing a nearly 300% increase in people seeking addiction services since Measure 110 was enacted.