Measure 110 would reduce possession of small amounts of illegal drugs, such as heroin, methamphetamine and cocaine, from a misdemeanor to a Class E violation, which is a civil infraction. If this measure passes, a person found in possession of an illegal drug would have the choice of either paying a $100 fine or completing a health assessment that would be used to connect them to services, such as drug and alcohol treatment or housing. The manufacture, distribution and sales along with possession of large quantities of controlled substances would still be crimes.
Proponents say treatment options would be expanded through a grants program funded with marijuana taxes, which have been more lucrative than expected. Funding will also come from savings due to lower arrest, probation and incarceration costs resulting from decriminalization.
Unfortunately, the measure would divert funds away from the State School Fund, Oregon State Police, local governments and already underfunded mental health services. That’s because marijuana tax dollars in excess of $45 million that would have been designated for those uses would go instead to the Measure 110 grant program used to fund expanded treatment and housing for people with substance use disorder and to create Addiction Recovery Centers across the state.
Addiction Recovery Centers are where clients would undergo the health assessments that they are offered in lieu of a fine, be given an intervention plan with intensive case management and a connection to services. These centers would also offer peer support. The creation of more treatment services for people to be referred to is critical to helping this new system work.
Opponents, however, point out the measure does not mandate the creation of additional beds; it only mandates the creation of these screening centers.
The effectiveness of the intervention counseling offered at these centers will also be crucial because many people would likely undergo the health assessment to avoid paying the $100 fine; after that, they could walk away without accepting help.
But this measure has the potential to solve a longstanding problem in our state: People who want to get treatment for their substance abuse often cannot afford help or access it when they are ready to quit. In fact, Oregon ranked 48th out of 50 states in the percent of people who need treatment but are not receiving it in 2018, according to research from the Substance Abuse and Mental Health Services Administration.
Oregon Recovers, which has been fighting for more drug treatment availability in Oregon, believes the measure would actually shrink availability of treatment, with fewer people being court-mandated into it, and argues the measure does not align with the state’s comprehensive addiction recovery strategic plan that was developed among hundreds of stakeholders.
Opponents of the measure include people in recovery who say that without the criminal justice system forcing them into treatment, they wouldn’t have sought it.
But at Street Roots, we’ve seen firsthand how a criminal record makes it difficult for people to improve their situations: Housing and employment options become limited, and the stigma a criminal record carries can have profound psychological impacts. We don’t believe people should have to pay this price because they suffer from substance use disorder.
Under this measure; however, it’s not clear how much better people would fare with a drug possession violation on their record, as opposed to a drug possession misdemeanor, when seeking housing and employment.
While most criminal record checks do not include civil violations, they remain on a person’s public record unless expunged. If drug possession becomes a violation, landlords and employers could easily begin requesting that civil violations be included in the reports they receive in order to screen for drug use.
Expungement of violations requires the same steps and costs of a misdemeanor or felony expungement.
For this reason, we don’t feel this measure fully accomplishes its goal of decriminalization — whether the violation is labeled as “civil” or not. This measure would be more effective to that end if it did not result in a mark on a person’s public record or if there were a clear and cost-free path for the expungement of such violations upon payment of the fine or completion of the health assessment and subsequent treatment.
All that being said, Street Roots is endorsing this measure. For too long, our nation has treated substance use disorder as a crime rather than the health issue that it is, and this measure moves us — if not quite far enough — in the right direction, away from criminalizing and punishing people who are struggling with substance use disorder.
While this measure is far from perfect, we owe it to the many people suffering from drug and alcohol addiction in our state to find a way to make treatment more accessible and to stop punishing them. Clearly, the system of criminalizing drug use has not worked. Oregon ranks near the top of states for drug and alcohol abuse — it’s time to try a new approach that’s more in line with Oregon values.
There will be opportunities down the road to fix problems that might emerge from this measure, but let’s take the first step now and create a pathway to treatment that makes sense.