Oregon’s Governor Tina Kotek has signed a bill into law that ends the state’s pioneering drug decriminalization experiment. The new legislation reintroduces criminal penalties for possessing small amounts of drugs, a move that contrasts sharply with the 2020 voter-approved Measure 110 which aimed to treat drug addiction as a health issue rather than a criminal one. This legislative pivot reflects the challenges and criticisms faced by the decriminalization effort, particularly amidst rising overdose deaths and the fentanyl crisis.
The law, effective from September 1, recasts personal drug possession as a misdemeanor, potentially punishable by jail time. However, it simultaneously encourages the establishment of deflection programs, designed to redirect individuals towards addiction and mental health services rather than the criminal justice system. Kotek emphasized the necessity of “deep coordination” among the judiciary, law enforcement, and health services to realize the law’s objectives.
Critics of the rollback say it could exacerbate social inequities and lead to increased arrests, with the ACLU of Oregon and other advocacy groups expressing concerns over the law’s potential to disproportionately impact marginalized communities. The Oregon Criminal Justice Commission predicts that Black Oregonians, in particular, could face overrepresentation in the legal system as a result.
Supporters of the new law argue that re-criminalization, coupled with an emphasis on treatment and deflection programs, offers a more pragmatic approach to combating drug abuse and its societal ramifications. This strategy acknowledges the limitations of Measure 110, particularly its failure to rapidly deploy addiction services funded by cannabis tax revenue. The law’s implementation, varying by county, presents an opportunity to tailor responses to local needs but also creates issues surrounding consistency and effectiveness.
As Oregon navigates this significant policy shift, the success of the new law will hinge on its execution—balancing enforcement with the expansion of accessible, effective treatment services.
