Oregon Democratic Gov. Tina Kotek signed a bill recriminalizing the possession of small amounts of drugs on Monday, capping a first-in-the-nation experiment in decriminalization that was hampered by implementation challenges.
The new law reverses a 2020 voter-approved initiative by making so-called personal use possession a misdemeanor punishable by up to six months in jail. It also develops mechanisms to offer treatment as an alternative to criminal sanctions by encouraging law enforcement agencies to develop diversion programs that direct people to addiction and mental health services rather than the criminal justice system.
In a signing letter, Kotek stated that the success of the law will rely on “deep coordination” between judges, police, prosecutors, defense attorneys, and local mental health professionals, calling them “necessary partners to achieve the vision for this legislation.”
Measure 110, passed by voters with 58% support in 2020, makes personal possession of illegal narcotics such as heroin, cocaine, and methamphetamine punishable only by a citation and a maximum punishment of $100. Supporters argue that therapy is more effective than incarceration in helping individuals overcome addiction and that the decades-long policy of prosecuting people for carrying and using narcotics has failed.
The measure channeled hundreds of millions of dollars in cannabis tax revenue to addiction services. However, the funds were sluggish to arrive, and health officials, who were also dealing with the COVID-19 outbreak, struggled to set up the new treatment system, state auditors discovered. At the same time, the fentanyl problem began to result in a spike in fatal overdoses.
These forces compelled Oregon Democrats to change their stance on decriminalization policy in recent months.
During this year’s short legislative session, some who had previously supported the measure voted for the new law. The Democrat-controlled Legislature eventually passed the bill last month, despite several Democratic members opposing it, fearing it would lead to more arrests and worsen social injustices.
Republican leaders had long tried to amend Measure 110. House Minority Leader Jeff Helfrich stated following Kotek’s signing that the measure demonstrated how Republicans “stood united and forced Democrats” to reinstate criminal penalties.
The adjustments are effective on September 1.
