Oregon's Failed Drug Decriminalization: A Step Back amid Soaring Overdoses

After implementing a pioneering drug decriminalization law in 2021, Oregon is now poised to re-criminalize drug possession due to a surge in overdoses and rampant public drug use. The state has created a misdemeanor charge for drug possession, giving offenders a choice between treatment or jail. However, a shortage of treatment options has forced authorities to adopt temporary measures, including arresting and jailing suspects caught with drugs during certain hours.

Three years after Oregon boldly embarked on a path of drug decriminalization, the state is reversing course, recognizing the unintended consequences of its experiment. As overdose deaths and public drug use skyrocketed, voters voiced their disapproval, forcing policymakers to reconsider their approach.

The pioneering drug decriminalization law, which took effect in early 2021, was intended to reduce the stigma associated with drug use and increase access to treatment. However, the surge in overdoses and the open display of drug use in public spaces quickly turned public opinion against the measure.

Oregon's Failed Drug Decriminalization: A Step Back amid Soaring Overdoses

In an effort to address the crisis, Democratic Gov. Tina Kotek signed a bill this spring that created a new misdemeanor drug possession charge. Those caught with small amounts of substances like meth and fentanyl can now choose between participating in treatment programs or facing jail time for up to six months.

Treatment options include behavioral health screenings and enrollment in state-funded deflection programs. However, a shortage of nurses has delayed the opening of Multnomah County's deflection center until at least mid-October.

Oregon's Failed Drug Decriminalization: A Step Back amid Soaring Overdoses

As a temporary solution, the county has deployed mobile outreach specialists to refer those caught with drugs to services. However, these specialists are only on duty from 8 a.m. to 8 p.m. during the week.

Outside of these hours, police will be directed to arrest and jail drug suspects. This has raised concerns about unequal treatment, as those encountered after 8 p.m. face a different fate than those caught earlier.

Oregon's Failed Drug Decriminalization: A Step Back amid Soaring Overdoses

Portland Police Chief Bob Day acknowledged the concerns but emphasized that the staffing shortage and slow response times to service calls made holding suspects for extended periods impractical.

Multnomah County Circuit Judge Michael Greenlick expressed further concerns about the disparate treatment, calling it "very problematic."

Oregon's Failed Drug Decriminalization: A Step Back amid Soaring Overdoses

Overdose deaths in Oregon have surged since decriminalization, from 800 in 2020 to about 1,400 in 2022. Decriminalization advocates argue that the increase is not unique to Oregon but is a nationwide phenomenon attributed to the coronavirus pandemic.

Nationwide, overdose deaths fell last year, but Oregon, Washington, and Alaska all experienced a nearly 30% increase. The majority of fatal overdoses in Oregon are now linked to fentanyl, according to health data.

The recriminalization of drugs in Oregon represents a shift in political ideology and a recognition that decriminalization, while well-intentioned, has had unintended consequences. The state's experience highlights the complex nature of drug policy and the need for a balanced approach that addresses the underlying causes of addiction while also protecting public safety.