Measure 110 – Should It Stay Or Go

Kristy Tallman

The Oregon State Legislature began their short session on Monday, Feb 5, and will adjourn on March 10. During this time is when lawmakers will decide the fate of Measure 110. Ballot Measure 110 (110), also known as the Drug Addiction Treatment and Recovery Act, marked a pioneering effort to tackle drug addiction and criminalization. Approved by almost 60% of Oregon voters, the measure aimed to decriminalize minor quantities of hard drugs and redirect the state’s emphasis from prosecution to treatment.

It came to pass in 2020, but since then, some legislators believe a dangerous pattern has emerged, one where the consequences have seemingly become a matter of life and death.

According to Rep. Jami Cate, “Measure 110 promised voters a solution to the drug crisis, and instead, has only made that crisis worse. Overdose deaths from heroin and fentanyl have tripled since the passage of Measure 110, and drugs have become utterly commonplace in our communities. Law enforcement is now powerless to do anything about it, and communities are helpless to keep the effects in check. Communities like Sweet Home and Lebanon already had abnormally high rates of drug use per capita, and Measure 110 just took tools away to actually keep that activity off our streets. We are literally arming drug users with needles and all the paraphernalia they could ever need-at the cost of tax dollars – and acting like we’re somehow going to magically end up with less drug use.”

For most the repeal of measure 110 would be a godsend but for some it will have come too late. It’s unfortunate but to understand the public’s desire to see the measure repealed one must look into the dark numbers of overdoses in hopes of finding light.

Sweet Home has been no stranger to the aftereffects of 110’s implementation, as is evident when looking at the data compiled by Sweet Home Fire and Ambulance District and the Sweet Home Police Department.

According to Police Chief Jason Ogden, when revisiting 2021 to present the number of drug related calls has escalated greatly. In 2021 there were four total calls for overdoses or drug related offenses. In 2022 the number decreased to three, but since 2023 the numbers have skyrocketed jumping to a total of 10 calls. The statistics highlight a dynamic landscape, with instances involving substances such as heroin, fentanyl, methamphetamine and unidentified syringes.

“Measure 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.

Ogden pointed out the research at American Addiction Centers indicates that up to 75% of individuals who begin treatment for substance abuse report having engaged in criminal behavior.

“This is often driven by the need to support their habit,” said Ogden. He continued, “In addition to drug-related charges, drugs and alcohol play an indirect role in many other crimes. With these kinds of findings, I have no doubt that it has had some kind of impact on our crime statistics.”

In accordance, Fire District Chief Nick Tyler also had a tale to tell from the district’s compiled data. In a two year overview provided by the fire and EMS departments, the compiled data on drug overdose calls presents a revealing snapshot of the area’s health challenges. The statistics for calls dispatched as overdose/ingestion/poisoning show an increase from 75 in 2022 to 93 in 2023, underscoring a growing demand for emergency medical interventions. Notably, the figures on SHFAD crew members administering Naloxone indicate a proactive response, with 56 administrations in 2022 and a slight uptick to 59 in 2023.

Equally noteworthy are the patient outcomes, as 43 individuals administered Naloxone in 2022 were subsequently transported, a figure that decreased to 35 in 2023. The data also sheds light on the intersection of drug-related incidents with cardiac arrest or death, revealing 15 cases in 2022 and a marginal decrease to 14 in 2023.

For Ogden, this has been a most challenging time for law enforcement. 110, he said “has changed the role of law enforcement, with police no longer pursuing criminal charges for small amounts of illegal drugs. However, the role of law enforcement in our community extends beyond enforcing laws. Our primary responsibility is to protect and serve the community.”

Ogden said this entails a wide range of duties but “while 110 has changed the legal landscape, it hasn’t fundamentally altered our commitment to these duties. Our focus remains on ensuring the safety and well-being of our community. We see ourselves as part of the community we serve, and we strive to carry out our duties in a way that reflects community values and incorporates the principles of procedural justice and legitimacy.”

Cate, who will be representing Sweet Home in the short session, said the excess loss of life to drug overdoses has been a direct result of 110, and believes “If you take away any consequences to bad behavior, you end up with more of that bad behavior, and data supports that being the case.

“When hard drugs were illegal, the choice was get treatment or go to jail,” she said.” For many, getting treatment was the more appealing option. But if the choice is get treatment or keep doing what you’re doing, the easier, more desirable option is to keep engaging in the bad behavior.”

Ogden takes a different outlook when it comes to re-criminalization.

“Some believe that re-criminalization could be a solution to address drug issues,” he said. “However, others argue that a health-based approach to addiction is more effective, humane, and cost-effective than criminal punishments. I believe that the question of re-criminalization is complex and multifaceted. There are valid arguments on both sides of the debate, and it’s clear that a one-size-fits-all approach may not be the most effective. Currently, I don’t have a definitive answer as to whether re-criminalization is the solution. I am committed to ongoing learning and dialogue on this issue, and I am open to evidence-based strategies that can help us address the drug crisis effectively.”

Cate believes 110 was unfairly presented to the voters and feels it caused Oregonians to be duped into thinking it would be the solution to a crisis that has been ravaging communities and destroying lives.

“Instead, the exact opposite has happened, and Oregonians are fed up,” she said. “I have heard overwhelmingly from House District 11 constituents that repealing Measure 110 in its entirety is the only acceptable path forward. I wish that was a more likely outcome of the coming legislative session, because I think we need to go back to the drawing board to find real solutions that work-including a mechanism for accountability.”

With the continued influx of illicit drugs flowing across our nation’s borders Cate doesn’t believe measure 110 made Oregon sitting ducks for cartels or drug runners but she says it didn’t help, “There is a lot more involved in the appeal of Oregon than just Measure 110, but it sure didn’t help. If demand for a product increases, there is more market share (and profits) to be had, so you’ll end up with more people competing for that business.”

Ogden says “The measure decriminalized small amounts of drugs, which could potentially make it easier for drug cartels to distribute their products without fear of their customers facing significant legal consequences. However, it’s crucial to note that tackling the operations of drug cartels requires a comprehensive approach that goes beyond the scope of Measure 110. It likely involves international cooperation, robust law enforcement strategies and effective policies at the national and state levels.”

Cate said the state has done little with the knowledge of the current drug flow.

“There have been some superficial efforts to crack down on illegal marijuana grows in Southern Oregon, some bolstering of state police budgets, but in large, the state has focused on trying to make sure users have clean needles, straws, tinfoil, and all the Narcan imaginable to just keep users alive with no real hope of stopping using,” she said.

When Ogden was asked what benefits he had seen from 110, he said, “While Measure 110 was designed with the intention of providing benefits such as reducing the number of people arrested for drug possession and increasing access to treatment services, I am not directly aware of these benefits being realized in our community. This is not to say that such benefits do not exist, but rather that they may not be immediately visible or quantifiable, especially from the perspective of law enforcement.”

With the realization that the re-criminalization will change the duties and needs of police officers, Cate said added support to law enforcement upon re-criminalization is yet to be determined, but with budgets expressing priorities and a majority in power who would rather keep making things more legal, I highly doubt it.”

She added that re-criminalization would also bring with it additional stress on the overpopulated prisons in Oregon but Cate feels the legislators won’t address this aspect.

“To be frank, we live in a state run by a political idealism that doesn’t want to hold anyone accountable for any bad actions. Essentially, it’s not a person’s fault they are a criminal, so it’s wrong to punish them because society failed them if they are resorting to crime, or that people are inherently good, we just have to give them enough chances to prove it. As a result, more of our prisons are being shuttered, law enforcement can’t actually hold criminals in jail, our DAs continue to be strapped with shoestring budgets with the deck stacked against them with forced releases if impossible deadlines aren’t met. None of that will change if the decision is left in the hands of the ruling majority in the legislature. If we want to see truly meaningful Measure 110 reform, I think our best hope is through ballot initiatives and another vote by the people of Oregon.”

Ogden said the fentanyl crisis in Oregon is a serious concern that is tragically claiming lives and devastating families. “While it’s a complex issue with no easy solutions, it seems reasonable to conclude that re-criminalization could potentially play a role in addressing this crisis,” he said, “Re-criminalization could serve as a deterrent and make it harder for dangerous drugs like fentanyl to be distributed and used.”

He believes, in addressing the issue of drug addiction, it’s crucial to strike a balance between accountability and compassion.

“While our primary goal is to see individuals recover and lead healthy, productive lives, we also recognize the role of law enforcement in maintaining order and safety in our community.” he said.

“If Measure 110 were to be re-criminalized, it would be essential to ensure that we still value providing access to support and treatment. We must remember that our ultimate goal is not to punish, but to help individuals overcome their addiction and reintegrate into society. In this context, accountability means holding individuals responsible for their actions, but also providing them with the resources and support they need to make positive changes. It’s about creating an environment where recovery is not only possible but encouraged and supported at every step.”

“I want to extend my deepest sympathies to anyone who has lost a loved one to addiction. It’s a heartbreaking experience that no one should have to endure. Addiction is a complex issue that affects not only the individual but also their family, friends, and community” Ogden says.

He added “It’s important to remember that addiction requires our understanding, compassion, and support.”

“In these difficult times, I want to remind everyone that it’s okay to grieve, to seek help, and to lean on each other. We have a very supportive community. We are committed to supporting those affected by addiction and working together to prevent such tragedies in the future. Please know that you are not alone. There are resources available to help you navigate this challenging time, including counseling services, support groups, and churches. Don’t hesitate to reach out for help when you need it.”

If you or someone you know needs help with drug addiction, you can call the Oregon Addiction Hotline at 866-395-8903.

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