Measure 110 would replace drug criminalization with treatment – Herald and News

No matter where on the political spectrum they fall, most Oregonians agree that the state is going through an addiction crisis.

According to the Substance Abuse and Mental Health Services Administration, about one in 10 Oregonians over the age of 18 had substance use disorder in 2018 the fourth-highest rate in the nation. Last year, nearly 600 people died of drug overdoses in the state.

Research beginning in the 1970s suggested that criminalizing addiction might deter people from ever trying drugs, but that theory is being called into question in light of substance use rates that have largely worsened since the War on Drugs era began. The petitioners of Measure 110 on this years ballot believe theres a better approach to fight addiction: treat it as a health crisis instead.

The measure would create a new system for handling addiction that would divert low-level drug offenders away from incarceration and toward addiction treatment. Instead of arresting and charging someone caught with a small amount of an illegal substance, law enforcement would give them a $100 fine that could be waived if they seek treatment. Called a civil violation, the infraction is similar to a speeding or parking ticket. Possession of a larger amount of drugs would be considered a misdemeanor and more serious drug-related crimes, like producing or dealing substances, would remain felonies.

Proponents of the measure say decriminalizing addiction will help reduce the stigma associated with treatment and save people from having their criminal records permanently marred by low-level drug charges that can prevent them from getting jobs or housing.

The American Psychological Society considers addiction a mental illness, and Measure 110s authors believe that illness should be treated, not criminalized. If it passes, Oregon would be the first state in the U.S. to decriminalize drug use.

Drug addiction treatment is more effective than criminal records that ruin peoples lives, said Peter Zuckerman, campaign manager for Yes on 110.

The campaign points to Portugal, which decriminalized drug use and invested in measures that would help people use drugs more safely and created a widespread treatment program to fight addiction. After ending an expensive, decades-long law enforcement crackdown similar to the U.S.s War on Drugs, the number of people seeking treatment in the country increased by more than 60% between 1998 and 2011. And unlike incarceration, a health-based approach is more likely to actually heal those struggling with addiction.

The Oregon Criminal Justice Commission estimates that Measure 110 would result in around 90% fewer drug possession-related charges.

In addition to decriminalizing drug use, Measure 110 would direct funding to treatment services throughout the state. It would start by designating 16 addiction recovery centers, at least one in each Coordinated Care Organization, as go-to points for people struggling with addiction. The centers wouldnt provide long-term treatment but would instead focus on health assessments, triage, peer support and connecting people to treatment. The measure would also provide grants to existing organizations that provide addiction treatment and harm reduction services.

All that money will come from two sources. First are the funds the justice system could save from not having to arrest, adjudicate and incarcerate people committing low-level drug crimes. That exact amount will be determined after decriminalization goes into effect, but is estimated to be between $12 million and $59.3 million per year, according to estimates made by Oregons Secretary of State and financial consulting firm ECONorthwest.

The second pot is a reallocation of marijuana tax revenue that exceeds $45 million per year. When marijuana was legalized, the state estimated that tax revenues would only reach $40 million, but last year sales brought in more than $102 million. Measure 110 would basically allocate the difference to addiction recovery services through the Oregon Health Authority.

The measure also establishes an oversight and accountability council made up of physicians, addiction survivors, social workers and various addiction treatment service providers that will determine funding distribution. Audits will occur at least every two years to assess the measures finances and performance. Because the current system is managed by law enforcement with little to no oversight, addiction treatment outcomes are unknown.

Measure 110 has endorsements from more than 100 organizations concerned with addiction recovery, public safety and social justice, including the American College of Physicians Oregon Chapter, the Oregon School Psychologists Association, the Mental Health and Addiction Association of Oregon, the American Civil Liberties Union and the Coalition of Communities of Color.

Oregon Recovers, an addiction recovery advocacy group, and the Oregon Council for Behavioral Health, which focuses on mental health and substance use treatment, oppose the measure. While they agree that addiction should be decriminalized, they expressed concerns with the measures funding re-allocation and its possible impacts on minors. In an op-ed in The Oregonian, leaders of both organizations said the measure will take away $56 million from addiction treatment and prevention and $90 million from schools over the next several years because of the marijuana tax revenue adjustments.

While thats true, Zuckerman said the lost addiction treatment funding would ultimately be used for the same purposes through the measure, and the approximately $9 billion school budget is fully funded for at least the next year from other sources.

Where schools get money from will be adjusted, Zuckerman said.

Finally, The Oregonian op-ed stated that the measures text doesnt require the creation of any actual treatment services. Zuckerman said thats a misunderstanding of the text, which doesnt necessarily create any new facilities but instead provides more grant funding to existing organizations that operate such facilities.

BestCare, which operates an addiction treatment facility in Klamath Falls, cant take a position on the measure, but Rick Treleaven, its CEO, said hes concerned the language doesnt go far enough to fund an expansion of the states treatment capacity.

While I believe that the sponsors of 110 have their heart in the right place, a close reading of the measure suggests it may not deliver what it intends, Treleaven said.

Zuckerman said the ambiguity in how much funding goes to treatment versus the addiction recovery centers exists because a one-size fits all approach is ineffective with treatment. Because different areas of the state may have different needs, the oversight council will benefit from the fundings flexibility and will have the authority to direct grants to where theyre most needed in each of Oregons communities.

Dr. Ralph Eccles, a retired physician in Klamath Falls, said while he agrees that Measure 110 has some shortcomings, its a far better approach to Oregons addiction crisis than the current model of criminalization.

If we dont pass this, weve got the status quo, which means the person picked up with six ounces of pot can still be processed as a felon, Eccles said. Wouldnt it be better to process that person as an addiction problem?

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Measure 110 would replace drug criminalization with treatment - Herald and News

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