Oregon legislators last week overwhelmingly approved recriminalization of low-level drug possession, reversing a landmark reform that voters endorsed when they passed Measure 110 in 2020. Gov. Tina Kotek has indicated that she is inclined to sign the bill, ratifying a regression driven by unrealistic expectations and unproven assertions.
“With this bill,” Senate Majority Leader Kate Lieber (D–Portland) claims, “we are doubling down on our commitment to make sure Oregonians have access to the treatment and care that they need.” But Oregon is not merely making sure that people “have access” to treatment; it is foisting “help” on people who do not want it by threatening them with incarceration.
H.B. 4002 makes drug possession a misdemeanor punishable by up to six months in jail. A defendant can avoid that outcome by enrolling in a treatment program.
Under Measure 110, by contrast, drug possession became a Class E violation punishable by a $100 fine. Drug users could avoid the fine by completing a “health assessment” at an “addiction recovery center.” The initiative said the assessment should “prioritize the self-identified needs of the client” and refer him to appropriate services. But Measure 110 did not make agreement to those services mandatory.
The initiative’s supporters argued that coercive treatment is both less effective and more ethically problematic than voluntary treatment. “Research suggests that, except in certain circumstances where drug users are uniquely self‐motivated (such as doctors and commercial airline pilots who fear losing their licenses), coercive treatment is futile at best and may increase the likelihood of overdose in people who relapse after release from treatment,” Jeffrey Singer notes in a Cato Institute blog post.
The policy embodied by H.B. 4002 is notably different from the legal approach to alcohol abusers, who generally cannot be forced into treatment unless they commit crimes such as driving while intoxicated. Measure 110’s supporters argued that abuse of those substances likewise should be treated as a health issue rather than a criminal matter.
Over 58 percent of voters agreed. But a continuing increase in opioid-related deaths, coupled with nuisances related to public drug use, soured Oregonians on Measure 110. By last August, at which point the initiative had been in effect for only a year and a half, an Emerson College poll found that 64 percent of Oregon voters favored reinstating criminal penalties for possession.
Hellbound and Down 