EXPLAINING MEASURE 110: DRUG DECRIMINALIZATION

A measure on the Nov. 3 ballot in Oregon proposes decriminalizing the possession of controlled substances.

Schedule I-IV controlled substances, which include heroin, cocaine, and methamphetamines, are currently a Class A misdemeanor under Oregon statutes. If passed, Measure 110 would change these charges to a Class E violation.

According to Oregon sentencing guidelines, a Class A misdemeanor can result in up to one year in jail and a maximum fine of $6,250. Under the new, proposed legislation, the maximum fine for possession of a controlled substance would be $100, with no possibility of incarceration. Instead of a fine, offenders may be sentenced to seek a health assessment by addiction recovery centers.

This measure is meant to reduce punishments only for those in possession of small amounts of Schedule I-IV controlled substances, such as for personal use. Consequences for the distribution of these substances, in most cases a felony charge, would not change.

Funding for addiction recovery centers would be supplied by state taxes collected from the ongoing legal sale of marijuana, as well as the expected savings attributable to less incarceration of drug offenders. It is anticipated that Measure 110 could reduce jailable convictions by as many as 3,076 people annually, a 90% decrease. This could save the state as much as $132 million in taxes per year and alleviate over-population in county facilities.

Proponents of Measure 110 claim that incarceration has little-to-no positive benefits to those people experiencing drug addiction, especially as recovery and rehabilitation programs are being cut from stressed jail budgets.

Dr. Robert Lowe, former teacher of emergency medicine at OHSU, and Dr. Ray Strangeland, an emergency physician, wrote in an OregonLive.com article (https://www.oregonlive.com/opinion/2020/09/opinion-a-yes-on-measure-110-will-ensure-oregon-treats-addiction-as-the-health-care-issue-it-is.html) that “Measure 110 offers those struggling with addiction a way out, while offering our state a path forward to treat addiction humanely and effectively.”

Those in opposition to Measure 110 claim that it falls short on addressing addiction problems. Dr. Paul Coelho of Salem Health Hospitals and Clinics believes decriminalizing drug use and lowering the financial disincentive to possession of controlled substances will “result in a revolving door of drug abuse, treatment refusal, crime, homelessness, and ongoing costly health related expenditures.” (http://votenoon110.com/wp-content/uploads/2020/09/OCBH-Ballot-Measure-110-Opposition-Statement.pdf)

Measure opponents also criticize the bill for not actually creating new revenue for the state budget, but instead reallocating funds (from marijuana taxes) currently being used, in part, for K-12 public schools.