Oregon’s pioneering drug decriminalization law is encountering resistance in the midst of the fentanyl epidemic

The state of Oregon is currently grappling with the ramifications of its groundbreaking law that decriminalized the possession of small amounts of heroin, cocaine, and other illicit drugs.

Despite its initial support, the law is now facing significant opposition due to the widespread public drug use and the surge in opioid-related deaths, including those of children.

The proliferation of fentanyl has further exacerbated the situation, leading to a shift in public opinion. John Horvick, vice president of polling firm DHM Research, noted that the prevalence of open-air drug use has had a profound impact on the mindset of urban residents.

This shift in perspective has caused many to reevaluate their views on Measure 110, which was initially hailed as a revolutionary approach to addressing addiction.

The law, approved by 58% of Oregon voters three years ago, was intended to minimize penalties for drug use and prioritize investment in recovery.

However, the current challenges facing the state have prompted a reexamination of the law and its effectiveness in addressing the complex issue of addiction.

Despite the fact that top Democratic lawmakers had previously supported the law, there is now a growing recognition that it may need to be revisited in light of the alarming increase in synthetic opioid deaths across the country.

This issue is expected to dominate the upcoming legislative session, as lawmakers grapple with the complex and multifaceted challenges associated with opioid addiction and overdose.

While there are no easy solutions to this crisis, there is a growing sense of urgency among policymakers to take action and address the root causes of this epidemic.

Whether through increased funding for addiction treatment and prevention programs, or through stronger regulations on the pharmaceutical industry, there is a growing recognition that we must take bold and decisive action to stem the tide of opioid-related deaths and ensure that all Americans have access to the care and support they need to overcome this devastating disease.

The intersection of addiction and homelessness, exacerbated by the prevalence of fentanyl, is particularly pronounced in Portland, where it is not uncommon to witness individuals injecting drugs in broad daylight on bustling city streets.

Democratic state Sen. Kate Lieber, serving as co-chair of a newly established joint legislative committee aimed at addressing addiction, emphasized the urgency of the situation, stating, “Everything’s on the table.

We have got to do something to make sure that we have safer streets and that we’re saving lives.” In response to this crisis, Measure 110 has been implemented, channeling the state’s cannabis tax revenue towards addiction treatment services while also decriminalizing the possession of small amounts of illicit drugs for personal use.

For instance, possession of less than a gram of heroin is now only punishable by a fine of up to $100. This multifaceted approach seeks to address the complex issues of addiction and homelessness in the city of Portland.

The current policy regarding drug possession citations has come under scrutiny, as only 1% of individuals who received citations sought help through the addiction screening hotline in the first year after the law took effect.

Critics argue that the lack of penalties for failing to pay the fine does not create an incentive for individuals to seek treatment.

In response, Republican lawmakers have called for harsher sanctions, including mandatory treatment and easing restrictions on placing individuals under the influence on holds in facilities.

They have urged Democratic Gov. Tina Kotek to address the issue before the Legislature reconvenes in February. Additionally, law enforcement officials have proposed reestablishing drug possession as a class A misdemeanor, which carries more severe penalties.

The debate surrounding this issue highlights the need for a comprehensive approach to addressing drug addiction and possession, with a focus on providing effective treatment options and support for individuals struggling with substance abuse.

In a recent committee meeting, Jason Edmiston, the chief of police in Hermiston, Oregon, emphasized the importance of finding alternative solutions to incarceration for drug possession offenses.

He advocated for the restoration of a class A misdemeanor for possession, coupled with diversion opportunities. However, it is evident from data that the criminalization of possession has not effectively deterred drug use.

The National Survey on Drug Use and Health revealed that a significant portion of the American population continues to use illicit drugs, despite the legal consequences.

Some lawmakers have proposed focusing on criminalizing public drug use instead of possession, but experts like Alex Kreit argue that this approach fails to address the underlying issue of homelessness, which is often linked to drug use.

Additionally, the correlation between decriminalization and the increase in fentanyl-related deaths is being questioned, as other states with stricter drug laws have also reported similar trends.

This complex issue requires a comprehensive and evidence-based approach to effectively address drug use and its associated challenges.

The recent data released by the U.S. Centers for Disease Control and Prevention has shed light on a concerning trend, particularly in the states of Oregon and Washington.

The statistics reveal a stark increase in synthetic opioid overdose fatalities, with Oregon experiencing a staggering 13-fold surge, and Washington not far behind with a seven-fold increase when comparing data from 2019 to the 12-month period ending June 30.

These findings are part of a broader national trend, wherein overdose deaths involving synthetic opioids, including fentanyl, have approximately doubled over the same time span.

Moreover, federal data indicates that roughly two-thirds of all fatal overdoses in the United States during the 12 months ending June 30 were linked to synthetic opioids.

Proponents of Oregon’s legislation attribute this surge to a convergence of various factors, including the impact of the COVID-19 pandemic, a shortage in mental health workforce, and the escalating fentanyl crisis, which reached a critical point subsequent to the implementation of the law in early 2021.

In an effort to address this crisis, a delegation of Oregon lawmakers recently visited Portugal, a country that decriminalized the personal possession of drugs in 2001, to gain insights into its policy.

State Representative Lily Morgan, the sole Republican legislator on the delegation, expressed interest in Portugal’s approach but cautioned that it might not be directly applicable to Oregon’s situation.

These developments underscore the urgent need for a comprehensive and multi-faceted response to the opioid crisis in the United States.

It is evident that the issue extends beyond state borders and demands a coordinated effort at the national level. The data also emphasizes the necessity for tailored interventions that consider the unique circumstances of each state and the complex interplay of social, economic, and public health factors.

As this situation continues to evolve, it is imperative for policymakers, healthcare professionals, and communities to work collaboratively to develop effective strategies that address the root causes of the opioid crisis and provide support to those affected.

Despite public perception, significant progress has been made in the field of law with the allocation of $265 million dollars of cannabis tax revenue towards the establishment of the state’s new addiction treatment infrastructure.

This funding has played a crucial role in the creation of Behavioral Health Resource Networks in every county, which offer care to individuals regardless of their financial means.

The impact of these networks is evident in the substantial increase in the number of individuals entering treatment, with approximately 7,000 people seeking help from January to March of this year, as compared to nearly 3,500 people from July through September 2022, according to state data.

The law’s funding has also provided much-needed support to mental health and addiction service providers, offering a sustainable and predictable source of funding that was previously unavailable.

Heather Jefferis, the executive director of Oregon Council for Behavioral Health, which represents such providers, emphasized the significance of this funding in creating a stable financial environment for these essential services.

Despite some opposition to the law, public support for expanding treatment remains high, according to pollster Horvick.

Democratic state senator Lieber expressed the view that overturning the law at this juncture would be a mistake, as it would hinder the progress made in addressing the state’s addiction and mental health issues.

He emphasized that simply repealing the law would not solve the underlying problems, and that significant issues would persist even in the absence of this legislation.

Overall, the law has played a vital role in advancing the state’s efforts to address addiction and mental health challenges, and it is important to recognize and support the positive impact it has had on the community.