Friend,
In 2020, Oregonians passed Measure 110 because, like many Americans, they knew that arresting, incarcerating, and punishing people for drug use is a failed approach. Oregonians voted overwhelmingly to put an end to the drug criminalization that was targeting, discriminating against, and harming communities of color.
But today H.B. 4002 goes into effect. This new law recriminalizes drug possession in Oregon. That means that the barriers to treatment that Measure 110 broke down are being rebuilt. The racial disparities that Measure 110 addressed are being restored. And, the drug war in Oregon is back on.
While the historic funding for health services that Measure 110 created remains in place, the successes of Measure 110 should neither be downplayed nor attributed to H.B. 4002. Measure 110 provided over $300 million for health services and increased the number of people accessing treatment by 205%. By decriminalizing low-level drug possession, it reduced drug-related arrests and the barriers that criminal records create. And it addressed the over-policing of communities of color in Oregon, significantly reducing the number of Black, Indigenous and other people of color arrested and incarcerated for drug possession.
H.B. 4002 is the same racist drug war that we’ve been fighting for decades. It’s the same drug war that targets people of color and punishes people for their substance use. It’s the same drug war that treats drug overdoses as a criminal problem instead of a public health crisis. And it’s the same drug war that is responsible for so many of the problems it promises to address.
Let me be clear: it is drug criminalization that is driving the overdose crisis. Criminalization is the reason why our drug supply is so unpredictable and potent. Crackdowns on drugs result in new, stronger substances entering the supply. Arrest and incarceration also increase the risk of overdose and destabilize individuals. Criminalization is draining our communities of much-needed resources to fund affordable housing, low-barrier treatment, and health services. And criminalization is why we are losing so many of our loved ones, family members, and friends to overdose.
Oregonians have been sold a false bill of goods. Corporate interests and drug war defenders, including Oregon’s former chief of prisons, told voters Measure 110 was to blame for homelessness, poverty, the overdose crisis, crime -- you name it. But when you identify the wrong problem, you get the wrong solution. Research shows that Measure 110 did not impact crime or overdose rates. These rates were shaped by national trends and had more to do with fentanyl entering the drug supply. By scapegoating Measure 110, Oregon leaders chose political convenience over public health.
Under H.B. 4002, people will be cycled in and out of jail without connections to treatment. Oregon’s shortage of public defenders means that many people arrested for drug possession will be released back into the streets because of a lack of representation. H.B. 4002 will backlog the criminal legal system and fail to make connections to services or treatment.
“Deflection” programs are an insufficient, watered down, version of the reforms we championed and that our communities need. The new law encourages counties to establish “deflection” programs that offer health services in lieu of arrest and prosecution. However, deflection is optional for Oregon counties and at the discretion of law enforcement. And most counties who elected to participate haven’t even set these programs up yet. We cannot allow backwards “reforms” to be a stand in for the real work: replacing our criminal approach to drugs with one based in public health.
Criminalization and forced treatment do not address why people are struggling. Housing is unavailable, treatment is expensive and inaccessible, and many urgently need medical and social services. The people of Oregon deserve leaders that prioritize public health and safety over political convenience. We must refocus on investing in the services and supports that our communities need to thrive.
Oregon’s leaders must invest in a true public health approach to the overdose crisis, homelessness, and public suffering. That means:
- Increasing affordable and low-income housing;
- Creating non-law enforcement outreach teams to engage people on the street in services;
- Defending and increasing the funding for health services and addiction treatment that Measure 110 created;
- Addressing the shortage of public defenders;
- Monitoring deflection programs for efficacy and racial disparities and intervening when necessary; and
- Expanding health approaches to substance use, including voluntary treatment, syringe service programs, naloxone distribution, and overdose prevention centers.
We are down but not out. We know that progress isn’t always linear, which is why we urgently need your help. People like you keep this fight going. Will you donate today to keep up the fight for real solutions to the overdose and incarceration crises that are proven to improve outcomes and save lives?
