Measure 110: The Recriminalization Debate
Written by Kaitlyn Randolph, Edited by Olutomola Bolonduro
In 2020, Oregon passed Measure 110; an act that decriminalized possession of drugs like heroin, cocaine, and other illicits. These drugs would still be illegal to have, but incarceration would no longer be among possible punishments; instead, a fine or mandated treatment. The goal was to emphasize addiction recovery instead of jail time.
In a perfect system, this approach may have worked. Instead of facing time in prison, drug users would have the opportunity to get treatment, and overall drug addiction would decrease. However, the system was not implemented effectively in Oregon. People caught in possession of small amounts of drugs currently receive a ticket or a fine, which they can then have dismissed by calling a hotline to complete an addiction screening. But if they don’t attend the screening, they are not penalized for not paying the fine. Simply calling the hotline is like a “Get Out of Jail Free” Monopoly card for not getting punished or treated for possession. State auditors noted that in the first year after Measure 110 took effect, only 1% of people who received citations sought treatment.
Now, the measure is receiving national backlash after a surge in fentanyl use and death by opioids from 2022 to 2023, with Oregon having the second highest percent change in the country (after Washington).
Oregon also had the highest increase in overdose fatalities from 2019 to 2023 (spanning the period after Measure 110 was passed in 2021). According to the US Centers for Disease Control and Prevention, deaths increased from 84 to over 1,100.
In a survey conducted by Emerson College, it was found that 56% of Oregonians support a total repeal of Measure 110, criminalizing drug usage once again. 64% support amendments to the current law. “We don’t believe a return to incarceration is the answer, but restoring a (class A) misdemeanor for possession with diversion opportunities is critically important,” said Jason Edmiston, chief of police in Hermiston, Oregon. A class A misdemeanor is punishable by a $6,250 fine or up to one year in jail. This is a strong contrast to current Oregon drug laws, one of which poses a maximum $100 fine for possession of less than a gram of heroin.
State lawmakers are currently voting for or against recriminalization of drug possession during the February 2024 session, which convened on February 5th. Republicans and Democrats share the same ideal of treatment over incarceration, but with different proposed methods. Democratic leaders believe that possession should be made a small misdemeanor, punishable by up to a month of jail or the opportunity to seek treatment. Republican leaders believe that possession should be punished by up to a year in jail or the option for treatment and probation.
The Republican proposal of more severe punishment reflects the main arguments against Measure 110– that it doesn’t have enough incentive for people to actually seek treatment. If people face incarceration or large sums of money to pay back (and actually get penalized for not paying), they are more likely to turn to treatment as a way to avoid the punishment. In all of these proposals, treatment is always the end goal.
However, some worry that both parties’ proposals will only exacerbate the problem. Tera Hurst of the Oregon Health Justice Recovery Alliance believes that the change is “not actually going to save lives or help people get into services. It’s going to create barriers to housing and employment, which is what criminal records do.” In 2020, Oregon was last in the country for drug treatment accessibility. Drug use is especially common in Oregon’s homeless population due to the lack of accessible recovery programs and support systems combined with the conditions of living on the streets. Many of these people turn to drugs and don’t have the resources to stop. Those faced with charges due to the recriminalization of drug use and possession experience further challenges in getting jobs, houses, etc. that would help pull them out of homelessness.
This nuanced issue is currently being discussed in Oregon’s legislature session, so Oregon residents and all those affected by Measure 110 will have to wait and see what happens next. One can only hope for a bill that effectively addresses all problems and populations involved, whether it be drug users, the homeless, or sober civilians.
