Insights on Recriminalizing Drug Possession with Good Measure

The ongoing debate surrounding drug policy in many jurisdictions has reignited discussions about the potential for recriminalizing drug possession, a shift that could have profound implications for public health, criminal justice, and community safety. As addiction rates continue to soar and the societal impacts of drug misuse become increasingly evident, policymakers are faced with a pressing question: can recriminalization be implemented with good measure?

This article seeks to explore the nuanced dimensions of this complex issue, examining historical precedents, the socio-economic factors at play, and the potential consequences of such a policy shift. Advocates for recriminalization argue that addressing drug possession through legal consequences may deter substance abuse and enhance public safety, while critics warn that such measures could exacerbate existing inequalities and undermine public health initiatives. By analyzing both sides of the argument and drawing on evidence from various case studies, this article aims to provide a comprehensive overview of the implications of recriminalizing drug possession. Ultimately, it encourages a thoughtful consideration of how such policies could be designed to balance enforcement with compassion, ensuring that the approach taken is both effective and equitable in addressing the challenges posed by drug use in contemporary society.

A Bold Step Toward Decriminalization

In 2020, Oregon made history by passing Measure 110, becoming the first state to decriminalize the possession of hard drugs, including methamphetamine, heroin, cocaine, and fentanyl. This groundbreaking measure eliminated penalties for small amounts of these substances, replacing them with a $100 citation for users.

The primary aim of Measure 110 was to shift the focus from punitive measures to harm reduction. The state allocated nearly $260 million to support services such as the distribution of naloxone, voluntary treatment programs, and initiatives for housing and employment assistance.

The overarching goal was to diminish the stigma surrounding drug use, thereby encouraging individuals to seek harm-reduction resources—such as free naloxone—to use drugs more safely. At the same time, those wishing to quit could seek help without fear of judgment or shame, two emotions that can often deter individuals from pursuing rehabilitation.

Changing Perspectives on Measure 110

When Measure 110 was on the ballot, it garnered support from 59% of voters, reflecting a collective desire to move away from a punitive criminal justice approach. The goal was to redirect individuals struggling with substance use disorders toward rehabilitation and treatment rather than incarceration.

However, public sentiment shifted over time. By 2023, polls indicated that 64% of Oregonians favored repealing some or all aspects of the measure. Notably, despite advocates labeling Measure 110 as a policy promoting racial justice, many African American and Hispanic residents called for its repeal.

During the period of decriminalization, Oregonians observed an increase in visible drug use. Rather than witnessing a decline in fatal overdoses, the state experienced a continuous rise in such incidents. Investigations revealed that the measure's implementation faltered primarily due to insufficient commitment from state leaders to ensure its success.

As a result, Measure 110 was repealed, with changes set to take effect on September 1, 2024.

A Balanced Approach to Drug Possession

Governor Tina Kotek signed a revised version of Measure 110 into law on April 1, 2024. Under this updated framework, possession of drugs is once again classified as a misdemeanor. However, the law now requires that offenders be offered access to services and treatment, aligning with the original intent of Measure 110. Significant funding has been designated for counties to develop deflection and treatment initiatives.

These deflection programs are designed to foster collaboration between law enforcement and behavioral health agencies, aiming to divert individuals using drugs toward treatment instead of through the criminal justice system. The success of this approach hinges on the commitment of all stakeholders involved; without shared dedication, the initiative is likely to falter.

Counties that receive funding for deflection and treatment but merely provide “instructions, rights, and options” without further assistance—like Baker County—may find that few individuals seek help. Conversely, in Deschutes County, when individuals are referred to the deflection program, they are met with immediate assistance upon release from custody, with screening beginning without delay. It will be interesting to compare the outcomes of these differing practices in a year’s time.

Currently, 28 of Oregon's 36 counties have applied for state funding to initiate their own deflection programs. Each county will determine its criteria for participation, with most planning to include only those charged with drug misdemeanors, while a few will extend eligibility to other related low-level offenses.

Lessons Learned from Oregon’s Experience

Between the implementation of Measure 110 in 2020 and its eventual repeal in 2023, Oregonians witnessed the tangible effects of drug decriminalization on their communities, which increasingly deteriorated.

In January 2024, the governor declared a state of emergency in Portland in response to a surge in overdose deaths, public drug use, and rising crime rates. Statewide, opioid-related overdoses rose by an alarming 101% between 2020 and 2022.

Moreover, violent crime increased by 17% following the passage of Measure 110, contributing to a growing perception of insecurity among residents. Individuals with untreated substance use disorders often resorted to theft to support their addictions, and the prevalence of overt drug use in public spaces became a significant concern, as indicated by surveys conducted in the summer of 2023.

Ultimately, the pursuit of an alternative approach to substance abuse in Oregon, aimed at reducing stigma and eliminating penalties, proved to be fraught with challenges. In light of these complications, the state reverted to a more traditional framework by repealing Measure 110 and concluding its experiment with drug decriminalization.

Conclusion: Moving Forward with Caution

Oregon’s experience with Measure 110 provides valuable lessons for policymakers and communities nationwide. While the intention to reduce stigma and emphasize treatment over punishment was commendable, the lack of infrastructure and consistent implementation led to unintended consequences, including rising overdoses and crime.

The revised law seeks to strike a balance by reinstating criminal penalties while simultaneously ensuring access to treatment and recovery services. Its success will depend largely on the commitment of state leaders, counties, law enforcement, and healthcare providers to work collaboratively. Going forward, Oregon’s journey underscores the importance of coupling bold reforms with adequate support systems to create meaningful change in addressing substance use disorders.

READI COLLECT: Ensuring Accountability in a Changing Drug Policy Landscape

Oregon’s experience with Measure 110 highlights just how complex drug policy and enforcement can be—and how critical it is for organizations to stay proactive in addressing substance use. Whether laws shift toward decriminalization or reinstating penalties, one constant remains: employers must prioritize workplace safety and compliance.

With READI Collect, you have access to the fastest and most reliable onsite and mobile drug and alcohol test collections in the industry. Using patented technology, our app connects you to a nationwide network of certified collectors—making it simple to meet even the toughest deadlines for DOT post-accident, random, and compliance testing.

In an environment where drug use trends and regulations are constantly evolving, READI Collect ensures you stay ahead with real-time reporting, rapid collector response, and nationwide coverage. Protect your workforce, safeguard your business, and remain compliant with DOT regulations no matter how policies shift.

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