Recriminalizing drugs, Oregon offers a cautionary tale

Oregon Gov. Tina Kotek, D, signed legislation this month to end her state’s disastrous experiment with decriminalizing hard drugs, rolling back a 2020 ballot initiative she previously supported after it contributed to a surge in overdose deaths, rising violent crime, open-air drug markets and the acrid smell of burning fentanyl in the air.

The plan was to end the war on drugs by removing the criminal justice system from the process, elevating a public health approach in its place that would offer voluntary treatment without any coercion. Billionaires George Soros and Mark Zuckerberg bankrolled the campaign to pass Measure 110, which they expected other states and D.C. to replicate. Instead, Oregon has provided a cautionary tale.

Oregon’s experience shows that responding to the social ills of drug abuse requires a mix of carrots and sticks. Just as many people with drinking problems won’t put down the bottle until they get prosecuted for driving under the influence, drug courts connect many users with help they need but might not otherwise seek.

The Centers for Disease Control and Prevention reports that the number of annual overdoses in Oregon rose 61% in the two years after decriminalization took effect, compared with 13% nationwide. Unintentional opioid overdose deaths in Oregon spiked from 280 in 2019 to 956 in 2022, according to the state health authority. A study published in the Journal of Health Economics concluded that the ballot measure caused 182 additional overdose deaths in 2021 alone.

Police could give people using drugs in public a $100 ticket, less than the fine for failing to signal a turn. The citation would be waived if the user called a hotline to get a referral for treatment. But more than 95% of people disregarded their tickets altogether, because there were no penalties for failing to pay. A state audit revealed last year that just 119 people called the 24-7 treatment referral hotline during its first 15 months.

Oregon’s leaders deserve credit for reversing course. The new law, effective Sept. 1, will make possession of hard narcotics a misdemeanor punishable by up to six months in jail. The Oregon Criminal Justice Commission estimates that the law signed will result in 1,333 new convictions per year for drug possession and that 533 people per year could receive jail sentences for violating the terms of their probation.

Yet Ms. Kotek says the state will continue to prioritize treatment over incarceration, “while balancing the need for accountability.” The governor ordered the Department of Corrections to “exhaust non-jail opportunities” for anyone convicted of misdemeanor drug crimes. Jail time will only be required when defendants violate the terms of their probation. The law encourages officers and district attorneys to refer drug users to “deflection” programs that will keep arrests off their records. Convictions for drug possession will also be expunged after three years.

In other words, Oregon’s new rules maximize compassion, even as they push addicts to seek recovery.