Decriminalization of drug possession in Oregon: Analysis and early lessons

Abstract

In November 2020, Oregon voters approved Measure 110, a ballot initiative that decriminalized possession of small quantities of all drugs and allocated hundreds of millions of dollars annually to health services for people who use drugs. Implementation of Measure 110 is ongoing, but several effects are noticeable in the first two years since the measure passed. Among these are substantial decreases in possession of controlled substances arrests and an infusion of funding into harm reduction services that have not traditionally enjoyed a sustainable funding source. This paper analyzes the provisions of Measure 110, examines its early impacts, successes, and challenges, and outlines lessons that jurisdictions contemplating decriminalizing drug possession in the U.S. and globally should consider.

Drug decriminalization, the introduction of fentanyl to drug markets, and fatal overdose in Oregon

“…It is worth noting that M110 had two components: decriminalization, and the substantial expansion of substance use disorder treatment, recovery, housing, and harm reduction services. As the majority of the funds to expand these services were not disbursed by the Oregon Health Authority until after August 2022, 7 18 months after the law took effect, analyses that rely primarily on data between February 2021 and August 2022 only assess the decriminalization component of M110. Moreover, over 50 years of drug criminalization has likely had persistent effects on behaviors relevant to overdose mortality such as people calling 911 during overdose events, and the fear that seeking treatment means acknowledging past criminal behavior.…”

“…In November 2020, Oregon's voters passed Measure 110 (M110), 7 becoming the first state to decriminalize the possession of all non-prescribed drugs for personal use, while reallocating millions of dollars toward addiction treatment, recovery programs, housing, and harm reduction services. The measure was intended to reduce overdose by limiting the health risks associated with a criminalized response to substance use, and by promoting linkages to healthcare systems for people who use drugs.…”

“…5 In response to these concerns, many states have decriminalized the possession of selected federally scheduled substances (e.g., cannabis, psilocybin, buprenorphine), enacted Good Samaritan laws to shield people from arrest at the scene of an overdose when they seek help, 6 and lessened the severity of the punishment for crimes associated with drug possession. In November 2020, Oregon's voters passed Measure 110 (M110), 7 becoming the first state to decriminalize the possession of all non-prescribed drugs for personal use, while reallocating millions of dollars toward addiction treatment, recovery programs, housing, and harm reduction services. The measure was intended to reduce overdose by limiting the health risks associated with a criminalized response to substance use, and by promoting linkages to healthcare systems for people who use drugs.…”

In Support of Community Drug Checking Programs: Position Statement of AMERSA, Inc. (Association for Multidisciplinary Education and Research in Substance use and Addiction)

“…29 However, decriminalization of illicit drug possession is possible-as evidenced by Oregon's Drug Addiction Treatment and Recovery Act (Measure 110) which passed in late 2020. 33,34 Additionally, US Code Title 21 Section 863 makes it federally unlawful to possess drug paraphernalia. 35 Unfortunately, such criminalization can hinder PWUD's ability to acquire drug testing technology (ie, FTS), unless these materials are explicitly sanctioned or exempt from such laws.…”

“…29 However, decriminalization of illicit drug possession is possible—as evidenced by Oregon’s Drug Addiction Treatment and Recovery Act (Measure 110) which passed in late 2020. 33,34…”