In the midst of the fentanyl crisis, Oregon became the first state in the nation to decriminalize drugs, but opposition to its revolutionary law is growing.

Portland, Ore. (AP) – Oregon, the first state in the country to reclassify possession of small amounts of heroin, cocaine, and other illegal drugs as a misdemeanor instead of a felony, is confronting strong opposition in the progressive state amid challenging circumstances. The increased use of public intoxicants due to the spread of fentanyl and a rise in deaths, including those of children, from opioid overdoses has posed a significant concern.

John Horvick, Vice President of DHM Research, a polling firm, said, The prevalence of public drug use is putting tremendous strain on urban dwellers’ minds who are unable to lead normal lives.’ ‘People’s perspective on Measure 110 has changed drastically.

When Oregon approved the law three years ago with a 58% vote, supporters saw Measure 110 as a revolutionary step that would transform addiction by reducing penalties for drug use and diverting funds into treatment. However, even top Democratic lawmakers who backed the law, which is likely to be heavily debated in the upcoming legislative session, now say they are open to reconsidering it after the sharpest rise in deaths linked to synthetic opioids in those states.

The cycle of addiction fueled by fentanyl and homelessness is most visible in Portland, where seeing people shooting up on busy streets in broad daylight is not uncommon. A new Joint Legislative Committee formed to address addiction has suggested reclassifying the possession of fentanyl-related substances as a Class A misdemeanor, which could carry a jail term of up to a year or a $6,250 fine. Kate Lieber, Co-Chair of the new Legislative Committee and Democratic State Senator said, ‘Everything is on the table.’ ‘We have to do something to ensure our streets are safe and we are saving lives.’ Measure 110 directed the state’s cannabis tax revenue towards addiction treatment services while decriminalizing possession of controlled amounts of illegal drugs for “personal use.” For instance, having less than a gram of heroin could result in only a citation and a maximum fine of $100.

Those caught with small quantities of intoxicants could call a hotline within 45 days to have their citation dismissed after completing an addiction assessment at a hotel, but failure to screen wouldn’t result in a penalty. In the law’s first year after it came into effect in February 2021, only 1% of those cited for possession sought help via the hotline, state auditors found.
Critics of the law argue that it doesn’t incentivize treatment. A group of Republican state representatives wrote a letter to Democratic Governor Tina Kotek in February urging a special session to address this issue before the legislative restructuring. They proposed strict bans for possession and other drug-related offenses, such as placing those posing a danger to themselves or others in hospital-like facilities if they refuse treatment.

Jason Edmiston, Police Chief of the small rural town of Hermiston in Eastern Oregon, said, ‘We don’t believe incarceration is the answer, but reestablishing a Class A felony for possession (of fentanyl-related substances) is crucial to deterring diversion.’ He informed the committee.

However, data indicates that declaring possession as a crime hasn’t deterred people from using illegal drugs for decades. According to the annual National Survey on Drug Use and Health, approximately 25 million Americans, about 8% of the population, reported using substances other than marijuana illicitly in the past year in 2022.

Legislators have proposed criminalizing drug use in public places as opposed to possession. An approach like this, according to Alex Kreit, assistant professor of law at Northern Kentucky University and director of the school’s Center on Addiction Law and Policy, could help reduce visible drug use on city streets but ignore homelessness, which is generally accepted to be the primary cause, Alluding to California for instance, he expressed, “There are states that don’t have decriminalization that definitely dislikes general wellbeing and public request and only personal satisfaction issues connected with enormous scope destitute populaces in midtown regions. Supporters of Oregon’s strategy argue that since many other states with tougher drug laws have also reported increases in fentanyl deaths, decriminalization isn’t necessarily to blame.

However, according to estimates from the U.S. Centers for Disease Control and Prevention, Oregon had the biggest increase in synthetic opioid overdose deaths among the states that provided data, with a 13-fold increase from 84 deaths to over 1,100 deaths between 2019 and the 12-month period ending June 30.

According to CDC data, neighboring Washington state saw an estimated seven-fold increase in synthetic opioid overdose deaths during those same time periods, ranking among the next highest.

During that time, the number of overdose deaths in the country involving synthetic opioids like fentanyl nearly doubled. Federal data indicates that in the 12 months ending June 30, synthetic opioids were involved in about two-thirds of all fatal overdoses in the United States.

Proponents of Oregon’s law claim that the state was hit by a confluence of larger factors, such as the COVID-19 pandemic, a shortage of mental health professionals, and the fentanyl crisis, which didn’t really pick up steam until the law went into effect in early 2021.

A gathering of Oregon legislators recently made a trip to Portugal, which decriminalized the individual ownership of medications in 2001, to get familiar with its strategy. State Rep. Lily Morgan, the main conservative official on the outing, said Portugal’s methodology was fascinating yet couldn’t really be applied to Oregon. The greatest glaring distinction is they’re as yet not managing fentanyl and meth,” she said, taking note of the nation likewise having subsidized medical coverage.
Notwithstanding open insight, the law has gained some headway by coordinating $265 million bucks of pot charge income toward standing up the state’s new fixation treatment foundation.

Instead of controlling the grip of addictive drugs, some parliamentarians have suggested focusing on making the public usage of these narcotics a crime. Assistant Professor of Law at Northern Kentucky University and Director of its Center on Addiction Law and Policy, Alex Kral, pointed out that addressing the use of addictive drugs seen on city streets could help prevent it, but it wouldn’t address the bigger issue: homelessness.

As an example, referencing California, Kral stated, ‘There are states where there’s non-criminalization, yet they face similar challenges with public health, public systems, and large-scale issues related to homeless populations in urban areas.’
Supporters in Oregon argue that blaming non-criminalization is not necessary, as many other states with stringent drug laws have also seen an increase in deaths due to fentanyl. According to estimates from the Centers for Disease Control and Prevention (CDC), comparing the 12 months ending June 30, 2019, Oregon has seen the highest surge in deaths due to synthetic opioid overdoses, rising 13-fold from 84 deaths to over 1,100. Data from the CDC shows that the neighboring state of Washington saw a sevenfold increase in estimated synthetic opioid overdose deaths during the same period.
Nationally, deaths from overdoses caused by synthetic opioids like fentanyl nearly doubled during that period. Federal data indicates that approximately two-thirds of all fatal overdoses in the U.S. in the 12 months ending on June 30 involved synthetic opioids.

Supporters of Oregon’s law argue that it faced an ideal storm of widespread forces, including the COVID-19 pandemic, a shortage in the mental health workforce, and the fentanyl crisis, which hadn’t reached its peak until the law became effective in 2021.

A group of Oregon lawmakers recently visited Portugal to learn more about its policies, which removed personal drug possession from the realm of crime back in 2001. Representative Lily Morgan, the sole Republican lawmaker on the trip, mentioned that Portugal’s perspective was intriguing but might not necessarily be applicable to Oregon.
She said, ‘The biggest glaring difference is that they’re not dealing with fentanyl and meth right now,’ noting the broader landscape of public health in the country.

Despite public opposition to the law, surveyors claim high support for expanding treatment. Democratic State Senator Lew Frederick remarked, Reversing 110 at this point would be a mistake because I think it would set us back. Simply overturning it won’t solve our problem. Even if we didn’t have 110, we’d still have important issues ahead.