A Battle Over Measure 110, and So Far No One's Happy

Oregon's short legislative session is traditionally reserved for budget tweaks and other fixes, but this February, expect another big issue to dominate: Measure 110. Oregonians in 2020 voted in favor of decriminalizing user amounts of drugs and funneling more marijuana taxes into the state's treatment programs, but three years in, most people—Democrats and Republicans, both—agree that the program as it stands is not working.

Right now, those who need treatment to address life-threatening addictions—made worse by the advent of fentanyl on the scene—don't really have any "stick" forcing them to seek treatment when they get caught with formerly illegal drugs. They get a ticket and a suggestion to call a hotline to learn about treatment.

click to enlarge

Adobe Stock

At this stage, both Democrats and Republicans are saying that drug dealers should get stiffer penalties for dealing. They also agree that the current system that doesn't compel anyone to make change is a major issue. Now, the difference between the two sides' approach, as we head into the February legislative session, seems to be in just how much to use the levers of the justice system to compel people to get into treatment.

Some Oregon Republicans want to make possession or public consumption of drugs a Class A misdemeanor—a crime that could earn someone up to a year in jail and/or a fine of thousands of dollars. Under the language of their proposed bill, people could opt to stay out of jail if they go to treatment.

Republicans say the Democrats' proposal is too weak. Democrats don't like the long sentences and jail time that could come with Republicans' Class A misdemeanor option. Criminal justice reformers say both approaches will result in Black, Brown, low-income and rural individuals returning to disproportionate levels of criminalization.

tweet this

Oregon Democrats, in a proposal released Jan. 23, would also seek to compel people to treatment, but would make possession a Class C misdemeanor that earns them jail time of up to 30 days. As an alternative to prosecution, those arrested could instead meet with a treatment provider and seek treatment. Both the Republicans' and the Democrats' proposals seem to be aiming to preserve the will of Oregon voters by not returning entirely to the "war on drugs" phase—an approach proven in research to be a failure—but instead to a more balanced version of the drug decriminalization and treatment approach. Favor treatment over criminalization—but with these proposed tweaks, they add in the use of a "stick" to make treatment the favored option over continued addiction. This feels like progress.

Yet, there's plenty of disagreement. Republicans say the Democrats' proposal is too weak. Democrats don't like the long sentences and jail time that could come with Republicans' Class A misdemeanor option. Criminal justice reformers say both approaches will result in Black, Brown, low-income and rural individuals returning to disproportionate levels of criminalization.

But whether it's the Republicans' Class A misdemeanor route, or the Democrats' Class C route, things won't get better overnight.

Portugal, a country that decriminalized drugs two decades ago, took eight years to get its programs really working. Here in Oregon, the number of treatment beds and day treatment centers is still lacking what we'd need to implement either party's proposals. A workforce trained to address the complexities of addiction is still in short supply. The number of medical detox centers is also short of what we need—as are supportive housing beds for those coming out of detox centers.

While they're not entirely in lockstep about what needs to be done to address the shortfalls of Measure 110, it's encouraging to see the Democratic majority and the Republican minority in the Oregon legislature at least close enough in philosophy that we're likely to get some real reforms in place this legislative session. (That said, some still believe a total repeal of Measure 110 is needed, but that approach doesn't seem likely to pass.) But even if there are no walkouts this session, and legislators manage to get a bill passed and signed, pack your patience as the state continues to get the supports in place to make Measure 110 really fly.