In response to the nation’s deadliest overdose crisis, the Oregon Legislature on Friday passed a bill that reverses a key component of the state’s drug decriminalization law known as Measure 110.
The bill was initiated by Democrats on the committee, with Republicans presenting their own version before the legislative session began earlier this month. Lawmakers from both parties sought to reverse the drug decriminalization introduced by 110 while improving access to addiction treatment services, although their methods varied considerably.
As the legislature embarked on its short session from Feb. 5 to last through Mar. 10, one of the critical decisions lawmakers wanted to tackle was the fate of 110, also known as the Drug Addiction Treatment and Recovery Act. This pioneering measure, approved by nearly 60% of Oregon voters in 2020, aimed to decriminalize minor quantities of hard drugs and shift the state’s focus from prosecution to treatment.
Oregon loses someone to a drug overdose every five hours. In response to this urgent challenge, lawmakers formed the Joint Committee on Addiction and Community Safety Response. The Committee serves as the legislative hub for the creation of an immediate, coordinated public health and public safety answer to the drug crisis with the goal of making Oregon’s streets safer and saving lives.
“We must take action. The drug crisis is killing Oregonians and threatening the health and safety of our communities. The Oregon Drug Intervention Plan is a treatment-focused approach that gives providers and law enforcement the tools they need to keep people safe and save lives,” said Senate Majority Leader Kate Lieber (D – Beaverton and SW Portland), co-chair of the Joint Committee on Addiction and Community Safety Response.
As the House began deliberations The New Era interviewed Rep. Jamie Cate and got her feel for the proposed change.
Cate said “110 promised voters a solution to the drug crisis, and instead, has only made that crisis worse.” Cate pointed to a tripling of overdose deaths from heroin and fentanyl since the measure’s passage, highlighting the challenges faced by communities like Sweet Home and Lebanon.
Data compiled by the Sweet Home Fire and Ambulance District (SHFAD) and the Sweet Home Police Department (SHPD) since the time of 110’s enactment, underscored the impact it had on the community. Police Chief Jason Ogden noted a significant escalation in drug-related calls since the measure’s implementation, with instances involving substances such as heroin, fentanyl, methamphetamine, and unidentified syringes on the rise.
According to Ogden, when revisiting 2021 to the present the number of drug related calls had escalated greatly. In 2021 there were four total calls for overdoses or drug related offenses. In 2022 the number decreased to three overdoses, but since 2023 the numbers have skyrocketed jumping to a total of 10 calls.
“110 has undoubtedly had an impact on crime statistics in Oregon, though the full extent and nature of this impact are complex and multifaceted. While the measure has led to a significant reduction in drug possession arrests, it’s important to note that drug addiction and crime often go hand in hand,” Ogden said in response to how 110 has affected crime as a whole.
The debate surrounding 110’s repeal remained contentious throughout. Representative Cate argued for its repeal, citing the need for accountability and effective solutions to address the drug crisis. However, Ogden urged caution, acknowledging the complexity of the issue. He emphasized the importance of striking a balance between accountability and compassion in addressing drug addiction.
In light of the ongoing fentanyl crisis, Ogden stressed the need for comprehensive measures to address drug distribution and addiction. He emphasized the importance of providing access to support and treatment while holding individuals accountable for their actions.
As the legislature deliberated on the fate of 110, stakeholders across Oregon remained engaged wondering the destiny of the measure that now hung in the balance. With lives at stake and communities in distress, finding effective solutions remained paramount to lawmakers.
The state Senate voted 21-8 to approve House Bill 4002 (HB 4002), following a 51-7 passage in the House on Thursday. The legislation now awaits action from Gov. Tina Kotek, who has signaled she favors rolling back the decriminalization of illicit drugs.
Returning to Ogden once the bill had passed the house, presented with the question of if the legislature was going far enough to address the crisis, Ogden said, “We shall see. It looks like the legislature is coming together to try and solve the problem. That is encouraging to me.”
He doesn’t know how the passage of HB 4002 will affect his department or his community but hopes it will be positive for everyone.
Rep. Cate did not vote for the passage of HB 4002. We reached out to her for comment but she was unavailable.
“We are reinforcing our commitment to ensuring Oregonians receive the necessary treatment and care,” said Lieber. Lieber hoped that the bill’s enactment would initiate meaningful reform within the justice system.
The bill reclassifies possession of small amounts of drugs like heroin or methamphetamine as a misdemeanor, carrying a maximum jail sentence of six months. It grants law enforcement authority to seize drugs and enforce regulations against their use in public spaces. Additionally, it mandates the provision of drug treatment as an alternative to incarceration.
The amended bill introduces a new category of offense called a “drug enforcement misdemeanor” for simple drug possession. Individuals convicted of this offense would initially receive probation for a maximum of 18 months instead of incarceration. However, if they violate the terms of their probation, they could face a jail term of up to 30 days. In cases of more severe violations, probation could be revoked, leading to a six-month jail sentence.
Even if individuals are incarcerated for violating probation or revocation, they may be eligible for early release to undergo either inpatient or outpatient drug treatment. Failure to comply with the conditions of this release could result in a return to jail for the remainder of the original six-month sentence.
The legislation seeks to streamline prosecution of drug traffickers while enhancing access to addiction medication and safeguarding individuals’ housing rights regardless of their medication use.
The move marks a departure from the 2020 voter-approved 110, which aimed to redirect marijuana tax revenue toward drug treatment and harm reduction initiatives. Despite this, an audit report released in 2023 revealed persistent deficiencies in Oregon’s substance abuse treatment infrastructure, ranking the state last in treatment accessibility despite having the second-highest substance use disorder rate nationwide.
In conjunction with the passage of HB 4002, the Joint Committee on Ways and Means unanimously passed House Bill 5204 (HB 5204), the budget companion bill to HB 4002 and a key component of the Oregon Drug Intervention Plan. It invests $211 million into addressing the drug crisis, prioritizing shovel-ready projects to expand behavioral health treatment, apprenticeships and training for behavioral health workers, Medication Assisted Treatment (MAT) in jails, addiction prevention programs and education, deflection-to-treatment programs, drug courts, and public defense capacity.
HB 5204 will work in concert with the Emergency Housing Stabilization and Production Package, which invests $376 million to spur housing production, house people currently living on the streets and keep Oregonians in their homes, including $18 million for 27 recovery housing projects.
Highlights of the proposed investments in HB 5204 include:
• Shovel-Ready Behavioral Health Treatment Projects ($85.4 million)
• Deflection programs ($30.5 million) – including Community Mental Health Program (CMHP) funding
• Medication Assisted Treatment in jails ($10 million)
• Curricula for Oregon schools about the dangers of synthetic opioids, including fentanyl ($2 million)
• Specialty courts, including drug courts ($12 million)
• Funding for Criminal Justice Commission to set up and coordinate deflection programs and other related agency needs ($3.45 million)
The Senate passed HB 5204 with a 27-3 vote on Thursday. That bill, which has already passed the House, also goes to Kotek’s desk for signature.