Oregon Considers Re-Criminalizing Drug Possession Amidst Rising Overdose Crisis

Three years ago, Oregon made headlines by becoming the first state to decriminalize drug possession, but now it finds itself grappling with a surging overdose crisis and open-air drug use. The state is now considering re-criminalizing drug possession in an effort to address the escalating issues. This story is part of a series that takes an in-depth look at the drug and homeless crises plaguing Oregon.

The streets of downtown Portland have become a haunting scene, with people sleeping or passed out in public spaces while others walk past, seemingly unaffected. However, there are individuals like Nikki, who takes the time to check on these vulnerable individuals, ensuring their safety. Nikki shares a heartbreaking story of a friend who died while people around him continued using drugs without realizing he was already dead. The presence of fentanyl, a highly potent and deadly drug, has turned drug use into a dangerous gamble.

In February 2021, Oregon made headlines as it passed Measure 110, which decriminalized possession of user amounts of all drugs, making it a Class E violation punishable by a $100 fine. However, the unintended consequences of this law have become increasingly apparent. Overdose deaths spiked from 800 in 2020 to 1,394 in 2022, with fentanyl being the leading cause of these fatalities. The state’s decision to decriminalize drug possession has faced scrutiny, as polls suggest that a majority of voters regret their support for Measure 110.

Now, state lawmakers are preparing to re-criminalize drug possession in a special legislative session, with Democrats and Republicans drafting competing bills. Oregon Governor Tina Kotek has declared a 90-day state of emergency in downtown Portland, acknowledging the severity of the fentanyl crisis. The issue has become a battlefield for drug policy, with Democrats proposing a Class C misdemeanor and various off-ramps to avoid charges, while Republicans advocate for a Class A misdemeanor, tougher penalties, and mandatory treatment.

The surge in overdose deaths and the devastating impact of fentanyl have raised questions about the effectiveness of Measure 110. Critics argue that the law failed to prioritize residential treatment and detox centers, leading to a lack of access to necessary care. Many Oregonians feel deceived, as they expected the law to focus on treatment rather than harm reduction supplies. The state’s marijuana tax revenue, which was intended to fund addiction services, has also faced issues with oversight and implementation.

While decriminalization advocates argue that the law is addressing drug use and addiction with a health-focused approach, opponents believe it has exacerbated other longstanding issues such as homelessness, crime, and public disorder. Researchers at New York University’s Grossman School of Medicine found no evidence of a direct association between decriminalization and fatal overdose rates in Oregon. However, the correlation between the law and the surge in fentanyl-related deaths remains a contentious topic.

Oregon’s struggle with the drug crisis reflects a larger nationwide issue, as fatal overdoses surged across the country during the coronavirus pandemic. The availability of fentanyl, combined with isolation and despair, has contributed to the alarming increase in overdose deaths. Oregon’s decision to potentially re-criminalize drug possession serves as a warning and an opportunity for course correction. The state is at a crossroads, with lawmakers and communities grappling with the best approach to address addiction and save lives.

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