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Oregon Decriminalized Hard Drugs, and I’m Calling On NC To Do the Same.
A perspective from Emily Marois
Oregon became the first U.S. state to completely decriminalize hard drugs in 2020- including heroin, fentanyl, and cocaine. Measure 110 reduced penalties for possession of these hard substances in small quantities, reducing the charge from a felony to a misdemeanor offense. A citation and presumptive fine would still be issued but could be dismissed with proof that the charged individual had voluntarily connected themselves with treatment services, most commonly either through the completion of a behavioral health screening or by calling a statewide hotline. These phone lines, however, seldom rang in the year after this bill was passed- of the thousands of citations issued, only 92 people called and completed assessments that would connect them to rehab services. This low number of calls is clear evidence that the 24-hour telephone service was not working as intended.
I know what you’re thinking. Aren’t the streets going to be filled with frat boys doing lines of coke and drug addicts injecting themselves with heroin? And what’s going to stop people from getting a citation, calling the hotline for a behavioral assessment and a referral to services they aren’t required to utilize, and then getting the citation dismissed without actually doing anything? The war on drugs in this country is a much more nuanced issue than this. There is a large misconception around what the term “decriminalization” actually means- and no, it does not mean people who do drugs are getting off easy without any punitive measures at all. So while yes, you technically could go out on Franklin street and do a line of cocaine without fear of being arrested and taken to jail, that does not mean you should expect no follow-up from law enforcement or rehabilitation services.
The aim of this Oregon ballot initiative was to redirect people towards substance abuse treatment who would otherwise face jail time and oftentimes, recidivism. The U.S. arrests more people annually for drug offenses than any other country, and 90% of drug-related arrests were for personal possession of drugs. In North Carolina, the percentage of federal sentences for drug-related offenses continue to be higher than the national percentage. More than 1 in 7 criminal offenses reported between 2019 and 2022 in NC were drug offenses- with the vast majority of them (86%) including no other reportable criminal offenses. This means that a good portion of people being arrested on criminal offenses are being locked up for doing small amounts of illicit substances (usually in the privacy of their own homes) and have no other criminal record at the time of their arrest. Criminalization of hard drugs is also used by the criminal justice system as a mechanism for reinforcing structural racism. Black Americans comprise 13% of the U.S. population but make up double (26%) of all national drug-related arrests. In Oregon, Black Americans are 2.5 times as likely to be convicted of felony drug possession as Whites, who make up 76% of the state’s population. Furthermore, criminalization is also associated with high-risk drug practices such as reusing needles and deterring calls for medical help in overdose situations.
Preliminary federal data has indicated that fatal overdoses in Oregon rose by 20% from May 2022 to May 2023 and many critics are citing this increase as reason to push back on decriminalization. However, this overdose rate may have more to do with nationwide trends such as the epidemic of fentanyl/xylazine and rising prevalence of homelessness. Measure 110 was also introduced during the year we were navigating the COVID-19 pandemic. Though Measure 110 was significantly flawed and produced unintended effects in Oregon, it is more likely that this correlation between decriminalization and higher overdose rates is a product of these
national trends in combination with a dysfunctional health care system. As Measure 110 was rolled out, there was no mechanism in place to prepare health systems to receive an influx of individuals needing substance abuse treatment services. This served as a double-edged sword because not only were health services not ready to receive these people, but the individuals using drugs were also not motivated to seek them out (hence the low number of hotline calls). Why would these people have any reason to believe these services are effective, confidential, and worth their time? The disconnect I see here is not a result of decriminalization policy itself, but rather a weak implementation strategy. Let’s take a look at Portugal as a reform model- a country that has successfully reduced addiction stigma and shifted funding to be rehabilitation focused. Anyone caught with less than a 10-day supply of hard drugs is served mandatory medical treatment, requiring drug users to give these rehab services a try.
I am calling on North Carolinians to reform Measure 110 and get it on the ballot in Wake and Orange counties. Shifting drug policy from a punitive approach to one that is rehab focused and strength-based would allow for lesser recidivism in our communities and greater economic opportunities for all. Having an arrest record significantly impacts one’s likelihood of passing employment background checks, getting homeowner and education loan approval, and qualifying for public benefits such as SNAP. A mere drug possession charge (even for weed) can prevent people from being able to rent a house, a car, or get a loan for school- and yet those who use drugs are expected to get clean and turn their life around while being barred from almost every socioeconomic resource. Let’s reframe this narrative. The current model in Oregon purports that failure to pay citation fines does not result in the levying of any additional penalty. I propose that the NC bill require every fine to be paid and impose additional fines for citations with overdue payments. I believe slightly changing how this is enforced would increase accountability and provide a financial incentive for people to take advantage of treatment services. I also suggest that this excess funding be funneled into research on implementation intention to better understand the intention-behavior gap that underlies the low frequency of people accessing substance abuse treatment. Give your representative a call and let them know that you support bringing Measure 110 to North Carolina and would like to see it on the ballot in our next local election.
“Viewpoints” on Chapelboro is a recurring series of community-submitted opinion columns. All thoughts, ideas, opinions and expressions in this series are those of the author, and do not reflect the work or reporting of 97.9 The Hill and Chapelboro.com.
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