Opinion: Recriminalizing drugs is a step in the right direction
Ever since passing Measure 110 in 2020, Oregon has been viewed as a state-wide “experiment” of drug decriminalization. Portland’s drug and homelessness crises are constantly criticized in national media, so it’s no surprise that Oregon decided to recriminalize illicit drugs via House Bill 4002. This is viewed as a failure by the drug decriminalization movement, but in the context of the fentanyl crisis, altering Measure 110 could be the strongest decision.
Let’s start with a little background on Measure 110. Measure 110 passed in 2020 with 58% support from Oregon voters, and entailed two major shifts in the state’s approach to illicit drug use.
Most controversially, it decriminalized personal illicit drug possession by reducing the penalty from a criminal misdemeanor to a Class E violation. Those charged with such violations have the choice between paying a $100 fine or completing a health assessment via phone.
Secondly, Measure 110 combined marijuana sales revenue and the anticipated savings from the cost of enforcing criminal drug possession penalties to fund a broad drug treatment and recovery grant program titled the Behavioral Health Resource Network.
As a concept, Measure 110 sounds ideal from a humanistic standpoint; addiction needs to be treated as a health disorder rather than a crime. Illicit drug users deserve access to treatment instead of being sent to prison, where drugs are rampant and few recovery resources are available.
But when it comes to implementation, the measure falls short. As reported by OPB, “…police have handed out more than 7,000 citations, but as of December, only a few hundred people had called the hotline to get assessed for a substance use disorder. And even fewer accessed treatment through the citation system.”
With the health assessment failing to live up to expectations, the price tag on its operation is especially alarming. Oregon paid Health Resources in Action over $800,000 in initial start-up costs for the hotline and continues to pay $130,000 for monthly operating costs.
In regards to funding treatment and recovery programs, the rollout of resources has not been fast or abundant enough to account for the massive influence of fentanyl. From the Oregon Health Authority’s report on “Funding and Delivery of Measure 110 Substance Use Disorder Services,” Oregon plans on giving over $400 million to grantees in the BHRN.
This component of Measure 110 has proven to be relatively effective.
As explained in the same OHA report, “Despite challenges, providers are delivering accessible services to highly vulnerable people … BHRN providers have increased spending and clients over time, but the first year of reporting showed limiting spending and services amid difficulty hiring staff and other challenges, raising risks that some of Oregon’s 42 networks may not provide all required services.”
Now comes HB 4002, which maintains the expanded funding of treatment and recovery services without the ineffectiveness of Measure 110’s citation system.
The main difference between the two approaches is that HB 4002 will treat personal possession of illicit drugs as a misdemeanor crime punishable with either a 180-day jail sentence or, if law enforcement chooses, a direct trip to treatment.
If an illicit drug user goes to court for their possession charges, they can also request probation and complete a treatment program to have their charges dismissed.
Additionally, HB 4002 introduces policies that make it easier for those suffering from opioid use disorder to access withdrawal medications. As a further attempt to curtail Oregon’s opioid epidemic, it simplifies the process for prosecutors to seek steep punishments for drug dealers as well.
As Oregon’s fentanyl crisis continues to worsen, policy adjustments are essential to save lives and to return our cities to what they once were: relatively safe.
“My friends used to feel safe riding the MAX [the Portland light rail system], but they don’t anymore,” Portland metro native and first-year UO student Allison Buturla said. “People smoke fentanyl in the bus shelters and on the MAX. Public drug use is a huge problem.”
Despite its promise, there are valid concerns about HB 4002. With drugs recriminalized, some worry about racial disparities in arrests, especially when law enforcement makes the initial decision of whether to jail the user or send them directly to treatment.
Oregon’s drug epidemic is deeply complicated, and there are no perfect solutions to an issue so widespread. However, as a service to Oregonians, including those suffering from opioid use disorder, it’s essential to make difficult decisions in hopes of improving as many lives as possible. Hopefully, HB 4002 can play this role more effectively than its predecessor.