Why Oregon's groundbreaking drug decriminalization experiment is coming to an end

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Why Oregon's groundbreaking drug decriminalization experiment is coming to an end
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In 2020, voters overwhelmingly approved a ballot measure to decriminalize the possession of small amounts of hard drugs. Journalist E. Tammy Kim explains how and why public opinion has turned.

This is FRESH AIR. I'm Dave Davies. In 2020, voters in Oregon overwhelmingly approved a ballot measure to decriminalize the possession of small amounts of hard drugs, including fentanyl, heroin, cocaine and methamphetamine. The initiative was accompanied by new investments in addiction treatment and support services.

KIM: Exactly. So Measure 110, sort of taking a sort of bird's-eye view of it, has two big prongs. So one is this change in law enforcement, so the decriminalization prong. And the other prong was a massive infusion of money from recreational marijuana tax dollars, primarily, to fund a treatment and harm reduction infrastructure across the state.

And what we actually have and has developed over the past few decades is this kind of continuum of care, which looks at people who aren't yet ready to give up drug and alcohol use. They need instead a safe place to perhaps do those drugs. They need supplies so that they don't get sick.

DAVIES: Right. Measure 110 being the referendum which provided for the decriminalization of hard drugs. We're going to take a break here. Let me reintroduce you. You know, we know that drug use occurs in every socioeconomic stratum. And if you have a home, if you have a place to use drugs, you're not as vulnerable, obviously, to law enforcement. But if you're using drugs in public, you know, you can be policed, but you can also have really uncomfortable interactions with people who don't like to see it. And it's not surprising that, you know, parents who were walking by, say, a homeless encampment on the greenway in Medford, Ore.

DAVIES: You know, you just used the phrase petty theft and violence. Some might wonder, what is petty violence? Most of what people saw of Stabbin Wagon's work was the distribution of safe use supplies and safe sex supplies and in-person outreach, delivery of meals through a white cargo van that Melissa and her staff kind of drive around town and park near where people are unhoused. And so, you know, I think for people who benefited from these services, it was a real godsend. And they felt very seen and heard by these people who weren't there to judge their drug use.

And so - but there - you know, there was this contrast between what OnTrack was doing and what groups like Stabbin Wagon were doing. And I think from the OnTrack perspective, they have seen thousands of clients go through treatment and recovery. They believe it can be done. And they just felt that they needed more resources to do that.

Part of that was this sort of bureaucratic issue that the organization responsible for doling out that money was also responsible for dealing with COVID. It was the Oregon Health Authority, and they were incredibly overwhelmed. There was under - it was very difficult to hire also for drug and alcohol counselors. So many things that we kind of know about because of the pandemic economy were undermining the ability of this agency to implement this program.

Then on top of that, if you're thinking about inpatient or outpatient treatment, these are very expensive programs. And Medicaid will often cover parts of that, but the sort of health parts of that. In addition, you also need to figure out where people are going to live and what they're going to eat while they're going through these programs.

DAVIES: And those who wanted to defend the decriminalization initiative, what did they say in its defense? KIM: The bills - there are two bills that were just passed by the Oregon Legislature. And one of them essentially recriminalizes. And so we're going back to the pre-Measure 110 status quo, where it is a misdemeanor to possess small amounts of illicit drugs. This sets a jail term of about six months.

DAVIES: You know, police officers have been frustrated for many years with arresting people for minor drug offenses and spending a lot of time going to court and then nothing really seems to change. You talked to some police officers and prosecutors. What sense did you get of how they feel about criminal penalties for possession?

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