Oregon GOP legislators introduce bill to end Measure 110

PORTLAND Ore. (KPTV) – Oregon House Republicans introduced legislation Thursday to repeal the voter-approved Measure 110 which reduced criminal penalties for people caught with small amounts of illegal drugs in the state.

The chief sponsors of the bill are Rep. Rick Lewis (R-Silverton), Republican House Leader Jeff Helfrich (R-Hood River), Rep. Tracy Cramer (R-Gervais), Rep. Kevin Mannix (R-Salem), Rep. Ed Diehl (R-Stayton) and Rep. Christine Goodwin (R-Canyonville).

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Sponsor Rep. Lewis said the bill is in response to a failure of Measure 110.

“Change is needed, and we can’t afford to take small steps that fail to adequately address the problem,” Lewis said. “We filed the bill today. A great deal of thought has gone into it, and we have the opportunity to do the right thing for Oregon, for public safety, and for the drug addicted. The bill creates accountability, but it also provides the tools and the resources needed to get us on the road to recovery. We cannot wait any longer.”

In a statement released by the American Civil Liberties Union of Oregon on behalf of Oregonians for Safety & Recovery about the push to end Measure 110, the ACLU said fighting drugs with jail and prison only increased the state’s prison population.

“We’ve squandered billions of tax dollars on the criminal system every year,” the ACLU said in their statement. “But it’s never enough. This year, state lawmakers increased funding for public defense by more than $100 million; yet too many Oregonians still cannot access a defense attorney, destabilizing the entire system. Criminalization of drug addiction will further siphon limited taxpayer dollars away from housing, addiction services, education, poverty reduction, economic growth, and neighborhood clean up and stabilization efforts.”

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The new bill classifies illicit possession of all drugs from Schedule I to Schedule IV, including fentanyl, heroin, cocaine and meth to a Class A misdemeanor and imposes jail time, fines and/or mandated time in treatment.

Under Measure 110, possession for personal use was reduced to a Class E violation and allowed people charged with the violation, instead of paying a $100 fine, to complete a health assessment. People caught with more than personal-use quantities of specific drugs and having felony convictions still faced Class C felonies or Class A misdemeanor charges.

Before voters passed Measure 110 in 2020, possession for personal use of Schedule IV drugs was a Class C misdemeanor. Under the new bill, IV drug possession would also be a Class A misdemeanor.

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The bill would also make using illegal drugs in an open or enclosed public space a Class A misdemeanor. If the person has a prior conviction of this, the charge would be increased to a Class C felony.

Under Section 34 of the new bill, “delivery of a controlled substance that results in the death of another person from the use of the controlled substance is a Class A felony.”

Section 42 stipulates that anyone charged with a drug-related misdemeanor be evaluated for drug dependence. If ordered, the state will be required to fund the costs of the evaluation and treatment, but the court may also assess fees from the person to offset costs.

However, defendants would only be eligible for a treatment diversion agreement if they are not facing any other charges, have not already participated in a diversion drug treatment program within the previous year or have several other drug-related charges or convictions on their record.

Rep. Diehl says the bill incentivizes people to seek treatment and supports them in recovery.

“There is dignity in each individual human being,” Diehl said. “This is the compassionate thing to do for those suffering from drug addiction and for all Oregon communities.”

Also in their statement, the ACLU states that Oregon is currently only meeting 50% of the demand for addiction treatment.

“People are lining up daily for detox in downtown Portland only to be turned away,” the ACLU said. “People cannot access treatment when they need it across our state.”

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Also new to the bill is a grant program for teams that respond to opioid overdose reports, which, they state, an “opioid overdose rapid response team may consist of a peace officer, a firefighter or emergency medical technician, a peer recovery mentor and a treatment professional.”

Neither the bill nor the accompanying statements by legislators address whether people will avoid calling for help if they face being charged with a Class A misdemeanor after law enforcement officers arrive.

The bill would take funding oversight from the Oregon Health Authority and Oversight and Accountability Council to the Alcohol and Drug Policy Commission, and removes language that allows for any surplus money in the Drug Treatment and Recovery Services Fund be used for such things as transitional and supportive housing, harm reduction services and low-barrier substance use treatment.

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Rep. Goodwin says Measure 110 is “sucking the life” from Oregon communities.

“They’re overrun with drugs, crime, and homelessness,” Goodwin said. “People do not feel safe. Businesses are leaving. People are afraid to do business in our state. We must change direction, and this bill begins to put us on the right track.”

The ACLU says the way forward for communities is to not return to the “known failures” of the war on drugs.

“The state legislature must invest in proven strategies that will reduce and prevent addiction, reduce homelessness, and improve public safety,” the ACLU said. “We are calling on the legislature to stop pursuing criminalization tactics that we all know will not work. Lawmakers must stop making false promises to Oregonians that will only further harm the most vulnerable Oregonians. Instead, lawmakers must embrace immediate actions that will get people into housing and treatment now and make all of our communities more safe.”

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