Oregon’s Drug Decriminalization Faces Challenge from Portland’s Public Intoxication Issue

Oregon’s Drug Decriminalization Faces Challenge from Portland’s Public Intoxication Issue

Oregon’s pioneering law, which decriminalized small amounts of heroin, cocaine, and other illicit drugs in favor of prioritizing addiction treatment, is encountering significant challenges in the progressive state. The surge in public drug use, driven by the proliferation of fentanyl and a rise in opioid-related deaths, especially among children, has led to a reevaluation of Measure 110.

Initially hailed as a groundbreaking approach to transform addiction treatment by reducing penalties for drug use and redirecting funds to recovery, Measure 110 is now facing scrutiny. Even staunch Democratic supporters of the law, anticipating it to dominate the upcoming legislative session, are expressing openness to revisiting it in the wake of a dramatic increase in synthetic opioid deaths.

The impact of fentanyl-induced addiction and homelessness is prominently visible in Portland, where instances of public drug use, including injecting drugs in broad daylight on busy streets, have become commonplace. Democratic state Sen. Kate Lieber, co-chair of a newly formed joint legislative committee addressing addiction, acknowledges that “everything’s on the table” in the quest to ensure safer streets and save lives.

Measure 110 directed cannabis tax revenue toward addiction treatment services while decriminalizing possession of small amounts of illicit drugs for personal use. However, critics argue that the law lacks incentives for individuals to seek treatment.

Republican lawmakers are urging Democratic Gov. Tina Kotek to convene a special session before the February legislative reconvening, proposing stricter sanctions for drug possession, mandatory treatment, and eased restrictions on holding individuals under the influence in facilities like hospitals if they pose a danger to themselves or others. In a letter to Kotek, a group of Republican state representatives emphasized that “treatment should be a requirement, not a suggestion.”

Law enforcement officials testifying before the new legislative committee on addiction in Oregon have suggested reinstating drug possession as a class A misdemeanor, punishable by up to a year in jail or a $6,250 fine. While some argue for criminalizing public drug use instead of possession, data shows that decades of criminalization haven’t deterred drug use, with nearly 25 million Americans (8% of the population) using illicit drugs in 2022.

Critics and supporters of Oregon’s drug decriminalization law debate its impact, with some suggesting a focus on public health and order rather than possession. Despite claims that decriminalization isn’t the sole cause, Oregon saw the highest increase in synthetic opioid overdose fatalities, with a 13-fold surge from 84 deaths in 2019 to over 1,100 in the 12 months ending June 30.

Supporters argue that external factors, such as the COVID-19 pandemic and the fentanyl crisis, played a role, and the law has directed significant funding—$265 million from cannabis tax revenue—towards the state’s addiction treatment infrastructure. Behavioral Health Resource Networks in every county have facilitated care for thousands, showing progress despite challenges.

Oregon lawmakers explored Portugal’s drug decriminalization policy, but differences, including the absence of fentanyl and meth issues, make direct application challenging. While public support for expanding treatment remains high, there’s ongoing debate about the effectiveness of Oregon’s drug decriminalization law, with some emphasizing the need to address underlying issues rather than repealing the law.
[Fortune.com]