Oregon House Republican lawmakers shared details on Jan. 11 of a proposal to roll back Measure 110—a first-in-the-nation law that decriminalized possession and use of small amounts of hard drugs, including meth and heroin, while aiming to expand addiction treatment using proceeds from a cannabis sales tax.
Since voters approved the measure with 58 percent support in November 2020, open-air drug use and overdoses have skyrocketed and Oregon voters have had a change of heart.
Since 2020, Oregon has experienced a 210 percent increase in fentanyl-related fatalities, according to the Oregon Health Authority’s Public Health Division.
Overdoses in the state increased between November 2021 and November 2022 by nearly 4.58 percent, surpassing the national average by sevenfold, according to the Centers for Disease Control and Prevention.
Oregon now has the second-highest number of homeless in the nation and one of the highest per capita rates of homelessness, affecting 48 out of every 10,000 residents.
With criticism of the measure mounting, leaders are looking for a solution.
Republicans say their proposal would “end the crises of drugs, homelessness, and crime that have been exacerbated by the failed Measure 110.”
“The bill takes bold action to end Measure 110 as we know it to restore accountability and provide pathways to treatment for addicts so that they can become healthy, productive members of society,” said a Republican House news release announcing the details.
The bill would classify possession of drugs including fentanyl, heroin, and meth as a Class A misdemeanor and require treatment to avoid jail time.
It would increase penalties for possession of a controlled substance to a maximum of 364 days in jail and/or a $6,250 fine.
The bill would also ban public drug use and mandate evaluation and treatment as part of probation for some drug and property crimes.
Possessing or selling a pill press would be a crime and penalties for drug dealers who sell drugs that result in a death could include up to 20 years in jail and a $375,000 fine.
“The citizens of Oregon understand the failures of Measure 110. We see the results on the streets, in the unacceptable overdose death rate, and in the catastrophic consequences to our communities, to public safety, and to livability,” said the bill’s chief sponsor Rep. Rick Lewis (R) in a press release.
Democrat lawmakers, who control the majority in the legislature, said they will release their own proposals to address drug addiction during the short, 35-day legislative session that begins on Feb. 5.
Their proposal would reportedly also allow misdemeanor charges for drug possession but would levy smaller potential penalties than those proposed by Republicans.
They propose to make possession a class C misdemeanor, which carries a possible jail sentence of up to 30 days.
The tentative proposal would allow users to avoid the misdemeanor charge by contacting a state-funded provider about treatment and other services.
If they decline to get help, they could face charges, but they could still get the case dismissed before trial if they entered a program.
The executive branch is taking action as well.
In July, Democrat Gov. Tina Kotek signed a law that once again criminalized fentanyl, the deadliest drug in the state.
Under that new law, possession of 1 to 5 grams of fentanyl is now a misdemeanor. Possession of five to 24 pills can carry a year jail sentence.
Despite public pressure and sentiment, though, supporters of the measure are not ready to concede.
A delegation of Oregon’s elected leaders traveled to Portugal on a fact-finding mission in October in pursuit of solutions.
During the campaign for Measure 110, proponents upheld Portugal as a model for Measure 110’s approach.
Now they hope to take lessons on how that country’s decriminalization program, adopted in 2001, is working and make those changes in the state.
But Republicans may have the momentum on the matter.
Three years after Measure 110’s passage, an Emerson College Polling Survey released in August 2023 found a majority of surveyed Oregon voters support repealing the measure.
According to the poll, 56 percent of respondents said Measure 110 should be repealed completely, whereas 45 percent said the measure should be left as is.
The poll found that 64 percent of surveyed voters think parts of the measure should be repealed to bring back penalties for possession of small amounts of hard drugs.
Meanwhile, just 36 percent said Measure 110 should be left as is.
