Oregon's drug decriminalization experiment is ending. What did we learn?

What's happening

Four years ago, Oregon voters approved a groundbreaking plan to decriminalize possession of all drugs in the state. That brief experiment is now set to come to an end.

A bill signed into law by Democratic Gov. Tina Kotek earlier this month will roll back reforms that removed criminal penalties for the possession of small amounts of illicit drugs — including heroin, cocaine and methamphetamine — while steering users toward treatment programs.

Drug decriminalization in Oregon came about as the result of a ballot measure, known as Measure 110, that received nearly 60% support from voters in 2020. But public opinion quickly began to turn against the new policy as the state saw a major spike in overdose deaths and rising concerns about public safety throughout the state. A poll released in August of last year showed that 56% of Oregonians supported re-criminalizing drug possession.

The new law, which was passed with strong majorities in the state legislature, makes drug possession a misdemeanor that carries a maximum penalty of six months in prison. It also creates pathways for drug users to receive treatment as an alternative to incarceration under certain circumstances. It goes into effect on Sept. 1.

Though Oregon was the first state in the U.S. to attempt across-the-board drug decriminalization, the strategy has proven quite successful in other nations. The most noteworthy example is Portugal, where drug-related deaths have plummeted in the 20-plus years since the country stopped criminally punishing drug users. Oregon, however, saw overdose deaths increase by 50% between 2021, when decriminalization went into effect, and 2023.

Why there's debate

There’s little question that the decriminalization of drugs failed to achieve its goals in Oregon. But the reasons why — and what that failure signals about the efficacy of decriminalization more broadly — are the source of intense disagreement.

Conservatives argue that Oregon’s struggles are definitive proof that decriminalization is a disastrous policy destined to lead to lawlessness and unnecessary death. They make the case that the threat of jail time is a critical deterrent that keeps drug use from getting out of control.

The repeal of Measure 110 was largely led by Democratic lawmakers who continue to support the concept of a drug policy that promotes treatment over criminal punishment. Many of them have since said they feel that blanket decriminalization was too radical and abrupt to be effective. Portland Mayor Ted Wheeler, for instance, said officials “botched” the implementation of the plan by rushing to end criminal penalties before treatment services were in place to care for drug users in need of support.

Other reform advocates say Oregon is making a mistake by abandoning decriminalization after such a short period of time. They argue that the increase in overdose deaths — which also occurred in neighboring states during the same time period — is the result of a complex collection of factors, including the explosion of fentanyl in the region, decades of underinvestment in the state’s social safety net and the failed approach of the “war on drugs.”

What's next

The prospects of comprehensive decriminalization being enacted anywhere else in the U.S. appear slim in the wake of Oregon’s experience. But there is some momentum behind targeted campaigns to apply the principle to specific, less harmful drugs. A few states have removed criminal penalties for marijuana possession even though weed is still illegal there. Colorado has decriminalized personal use of certain psychedelic drugs, like magic mushrooms, and a handful of other states are considering following suit.

Perspectives

Decriminalization has only one inevitable outcome

“Turns out that when you send a societal message that drug use is fine, you get more of it, along with the social ills that invariably follow.” — Editorial, Wall Street Journal

Treatment works, incarceration doesn’t

“With overdose deaths still on the rise and other states considering decriminalization, a reversal could undo vital national progress in fighting addiction, which is far more effectively resolved with care, not coercion. If we really want to end the overdose and homelessness crises — in Oregon and around the country — we have to understand and follow the evidence, not the fearmongering.” — Maia Szalavitz, New York Times

There’s enormous space for policies that promote non-criminal solutions without allowing a free-for-all

“Though our polarized politics tends to frame policy choices as on-off switches, in truth they are more like a dial with many intervening settings. That dial can be productively turned in many parts of the country.” — Keith Humphreys and Rob Bovett, The Atlantic

Decriminalization will always fail if the right support systems aren’t in place

“The ways in which Oregon officials ignored what it would take to successfully implement their vision of drug decrim are staggering. Changes to law aren't a standalone fix for anything, they are part of a huge, complex system.” — Brandon del Pozo, drug abuse researcher at Brown University

The threat of jail is an important deterrent

“When perceived risk of drug use diminishes, which is inherent in legalization and decriminalization, more people, especially youth, begin using, resulting in more disordered use.” — Judy Grisel and Marvin Seppala, USA Today

Decriminalizing drugs is a form of giving up

“In short, the fight over decriminalization is a distraction — one typical of societies unable to manage their problems. … If society lacks the capacity to deal with deviant behavior, it can simply insist that the behavior is not really deviant.” — Charles Fain Lehman, City Journal

We have decades of proof that the criminal justice system can’t solve the drug crisis

“This recriminalization is dangerous. We’ve been down this road before. More than 50 years of evidence demonstrates that locking people up for possessing drugs or forcing them into court-ordered programs does not end drug use, but it does increase harms, including death.” — Kassandra Frederique, Daily Beast

Harm reduction policies don’t actually reduce harm

“The evidence is increasingly clear that harm reduction usually doesn’t reduce harm to those with self-destructive behaviors, because they have no concomitant duty — and little incentive — to change their ways. As a consequence, harm reduction policies generally increase harm to communities, rot social cohesion, and undermine public safety.” — Wesley J. Smith, National Review

Decriminalization didn’t make Oregon’s drug problems worse, just more visible

“Drug abuse isn’t pretty. But make no mistake: Even if you don’t see the carnage of the overdose epidemic, it’s still there. These programs do not worsen drug use; they simply draw it out of the shadows. … If Oregon’s law accomplished anything, it’s that it forced the state to reckon with the addiction epidemic in an extremely personal way.” — Robert Gebelhoff, Washington Post

Photo illustration: Yahoo News; photos: Getty Images