Last updated : February 17, 2025
In 2020, Oregon citizens passed Measure 110 becoming the first state to decriminalize drugs—hard drugs, such as methamphetamine, heroin, cocaine, and fentanyl—removing penalties for possession of small amounts. Instead, users were served with a $100 ticket and sent on their way.
The focus of the state became reducing the harm that drugs cause to those who use them. It invested nearly $260 million toward funding services such as naloxone distribution, voluntary treatment, and employment and housing services.
The goal of Measure 110 was to reduce the stigma associated with drug use, thereby, encouraging those who use them to access harm-reduction services—free naloxone, for example—to help them use drugs “safely.” At the same time, those who wanted to stop using drugs could seek help without feeling shame or fear. Experts say that both feelings could cause someone to abandon their plan to go into rehab.
Looking through rose-colored glasses
When Oregon placed Measure 110 on the ballot, it passed with 59% of the vote. The people were obviously in favor of steering away from a “punishment-focused criminal justice system.” Paving the way for the nation by directing those struggling with substance abuse disorder toward rehabilitation and treatment instead would be a much more rewarding goal for all.
Over time, however, Oregonians changed their point of view. In 2023, polling showed that 64% of those surveyed throughout the state wanted to repeal some or all of the measure. And it’s interesting to note that, even though, advocates proclaimed Measure 110 to be a “racial-justice policy,” African American and Hispanic citizens strongly called for its repeal.
During the years of decriminalization, Oregon residents witnessed more open drug use. Instead of the number of fatal overdoses decreasing due to the “safe use” programs offered, the state saw overdoses steadily increase. An investigation ensued determining that the measure failed because, in part, state leaders didn’t do their parts to make it work as intended.
Subsequently, Measure 110 was repealed and the changes took effect on September 1, 2024.
Hoping for the best of both worlds
The new and improved Measure 110 was signed into law by Governor Tina Kotek on April 1, 2024. Under the new law, possession is once again deemed as a misdemeanor crime. In addition, however, the offender is offered services and treatment as Measure 110 originally intended. Millions of dollars have been allocated for counties to establish deflection and treatment programs.
Deflection programs encourage law enforcement agencies and behavioral health entities to collaborate. The goal is to deflect people using drugs into treatment and, thereby, out of the criminal justice system. It’s important, however, that the dedication to see the job through is evidenced by all parties. Otherwise, this system is doomed to fail.
Counties that receive funding for deflection and treatment programs but then do no more for the user than pass along “instructions, rights, and options” leaving the individual to pursue the matter further on their own—as is being done in Baker County—may not see many reaching out for help.
On the other hand, over in Deschutes County, when a person is referred to the deflection program, a staff member meets with them where they are. Upon arrival, officers release the person from custody and a screening begins immediately. We’d be curious to see the difference in those numbers between these differing practices in a year.
In the meantime, twenty-eight of the 36 counties within the state of Oregon applied for state funding. They want to begin their own deflection programs. It’s up to the counties to decide who will be invited to enter its deflection program. Most counties plan to only allow individuals who have been charged with a drug misdemeanor. A few say they will include other low-level, public disorder crimes that are often associated with addiction
Hindsight is 20/20
Between the years of 2020, when Measure 110 was placed into action, and 2023, Oregonians saw firsthand what decriminalizing drugs did to their society. And things kept going from bad to worse.
The governor declared a state of emergency in Portland back in January 2024 due to the sharp rise in deaths due to overdose, public drug use, and increased crime. The deaths continued to rise across the entire state. In fact, opioid-involved overdoses in Oregon increased by 101% between 2020 and 2022.
Violent crime increased statewide by 17% after Measure 110 passed. Citizens were less safe when out and about. People suffering from untreated substance abuse disorder often grow desperate and resort to burglary to fund their addiction. Moreover, blatant drug use in public was another growing concern according to polls conducted during the summer of 2023.
Some roads are best left untraveled. Oregon explored the idea of paving the way to a different approach regarding substance abuse. It wanted to erase the stigmatism associated with substance abuse and do away with penalties offering only help instead. Despite looking good on paper, in reality, it found the way rocky, indeed.
Oregon steered back into the mainstream approach when it rolled back Measure 110 and ended its experiment with drug decriminalization. Hopefully, individual counties will steer clear of pitfalls discovered within deflection programs that eat up funding but fail to help the people for which they are intended.
