Oregon Measure 110, Drug Decriminalization and Addiction Treatment Initiative (2020)

Oregon Measure 110
	Election date; November 3, 2020
	Topic; Drug crime policy
	Status; Approved
Type; State statute	Origin; Citizens
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Oregon Measure 110, the Drug Decriminalization and Addiction Treatment Initiative, was on the ballot in Oregon as an initiated state statute on November 3, 2020.^[1] It was approved.

A "yes" vote supported making personal non-commercial possession of a controlled substance no more than a Class E violation (max fine of $100 fine) and establishing a drug addiction treatment and recovery program funded in part by the state's marijuana tax revenue and state prison savings.

A "no" vote opposed reclassifying personal non-commercial possession of a controlled substance from a Class A misdemeanor to a Class E violation, thereby maintaining the existing maximum penalty for a Class A misdemeanor of one year in prison and a $6,250 fine.

Election results

Oregon Measure 110
Result	Votes	Percentage
Yes	1,333,268	58.46%
No	947,313	41.54%

Results are officially certified.

Source

Reactions

The following list contains reactions to the approval of Measure 110:

Kassandra Frederique, executive director of the Drug Policy Alliance, said, "In a historic, paradigm-shifting win and arguably the biggest blow to the war on drugs to date, Oregon voters passed Measure 110, the nation’s first all-drug decriminalization measure. This confirms a substantial shift in public support in favor of treating drug use with health services rather than with criminalization. ... Drug possession is the most arrested offense in the United States, with one arrest every 23 seconds. Last night, Oregon showed the world that a more humane, compassionate approach is possible. Measure 110 will serve as a model and starting point for states across the country to decriminalize drug use."^[2]
Kayse Jama, the executive director of Unite Oregon, said, "The reality is that systems of oppression always find different ways of incarcerating Black and Brown folks. I think [the new law] is a good step forward; it’s one tool we want to remove from their toolbox. But we also understand that [law enforcement] will continue to target our community."^[3]
No on Measure 110 campaign said, "It is now time for both sides on Measure 110 to come together with the Governor and the Legislature to: [sic] Do what the voters really intended, which is to: save lives, and increase access to treatment by creating more treatment beds, and not do what the voters did NOT intend to do, which is to: [sic] decriminalize heroin, meth, cocaine, oxycodone, and other hard drugs for children and cut them off from lifesaving juvenile court interventions and treatment, or cut anyone off from lifesaving interventions and treatment. We call on the Governor and the Legislature to fix this poorly written measure and to actually address Oregon’s addiction crisis by meaningfully advancing the Addiction Recovery Strategic Plan in the upcoming session."^[4]
Naomi Schaefer Riley, a resident fellow at the American Enterprise Institute, and John Walters, the chief operating officer of Hudson Institute, said, "Decriminalization efforts will likely exacerbate [the connection between foster care and substance abuse]. Such measures lower the risk and the cost of doing business for drug dealers and increase the supply of these drugs on streets across the country. Drugs will be cheaper and easier to get for adults already suffering from untreated mental illness, poverty or abuse. And the effects will be felt most severely by children."^[5]
Kevin Barton, the district attorney for Washington County, said, "I am hopeful with this new effort that it will be successful to address addiction, but I think everyone can agree its an experiment. The biggest question is what to do for teenagers who are using these highly addictive street drugs who choose not to engage in treatment."^[6]

Aftermath

House Bill 4002 (2024)

During the 2024 legislative session, the Oregon State Legislature passed House Bill 4002 (HB 4002), which made the possession of small amounts of drugs such as cocaine, fentanyl, heroin and methamphetamine a misdemeanor, punishable by up to six months in jail. The bill also authorizes police to confiscate illicit drugs and stop their use in public parks and on sidewalks. The bill also encourages law enforcement agencies and prosecutors to refer individuals convicted of possession to drug treatment programs.^[7]

HB 4002 passed in the House by a vote of 51-7 and in the Senate by a vote of 21-8. Gov. Tina Kotek (D) signed the bill on April 1, 2024.^[7]

Overview

What did Measure 110 change about drug possession offenses?

See also: Oregon drug possession laws

The measure reclassified personal/non-commercial drug possession offenses. Possession of a controlled substance in Schedule I-IV, such as heroin, cocaine, and methamphetamines, was reclassified from a Class A misdemeanor to a Class E violation resulting in a $100 fine or a completed health assessment. Individuals who manufacture or distribute illegal drugs are still subject to a criminal penalty. The Oregon Criminal Justice Commission estimated that convictions for possession of a controlled substance would decrease by 3,679 or 90.7%.^[8]^[9]

The health assessments are conducted through addiction recovery centers and include a substance use disorder screening by a certified alcohol and drug counselor. Health assessments must be completed within 45 days of the violation.^[8]

How is the drug addiction treatment and recovery program funded?

See also: Measure design

The initiative established the Drug Treatment and Recovery Services Fund that would receive funds from the Oregon Marijuana Account and state savings from reductions in arrests, incarceration, and official supervision. Before transferring funds from the Oregon Marijuana Account to other recipients, the initiative required that all revenue in excess of $11.25 million be transferred to the Drug Treatment and Recovery Services Fund every quarter. The Oversight and Accountability Council established by the Director of the Oregon Health Authority would give grants from the fund to government or community-run organizations to create addiction recovery centers. The centers must provide immediate medical or other treatment 24 hours a day, health assessments, intervention plans, case management services, and peer support and outreach.^[8]

Who was behind the campaigns surrounding Measure 110?

See also: Support and Opposition

Yes on 110 led the campaign in support of the initiative. There are four ballot measure committees—IP 44, A More Humane Approach - Yes on 110 Committee, More Treatment for a Better Oregon: Yes on 110, and Washington County Justice Initiative PAC—registered in support of Measure 110. The committees reported receiving nearly $6 million in cash and in-kind contributions. The largest contributor was the Drug Policy Alliance, a 501(c)(3) nonprofit organization that actively promotes drug policy reform legislation. Drug Policy Alliance contributed over $5 million. Theshia Naidoo, managing director of criminal justice law and policy at Drug Policy Action, said, "Oregonians have always been early adopters of drug policies that shift the emphasis towards health and away from punishment. The idea behind this groundbreaking effort is simple: people suffering from addiction need help, not criminal punishments. Instead of arresting and jailing people for using drugs, the measure would fund a range of services to help people get their lives back on track."^[10]^[11]^[12]

Vote No on Measure 110 led the campaign in opposition to the initiative. There was one ballot measure committee—No on Measure 110—registered in opposition to the initiative. It reported receiving over $167,000 in contributions. Dr. Paul Coelho of Salem Health Hospitals and Clinics said, "The framers of ballot measure 110 portray individuals with active addictions as rational actors who will naturally seek out and accept treatment for their condition. But I can assure you as a front-line provider this is simply not true, nor is the levying of a token $100.00 fine a financial disincentive of sufficient magnitude to coax the ambivalent or pre-contemplative person into a life of abstinence or long-term recovery. Unfortunately, removing the threat of incarceration and abandoning the collaboration between law enforcement, the judiciary, probation, and the drug court system will result in a revolving door of drug abuse, treatment refusal, crime, homelessness, and ongoing costly health related expenditures for hospitalizations due to overdose, infections, and drug-induced psychosis."^[10]^[13]

Measure design

See also: Text of measure

Click on the arrows (▼) below for summaries of the different provisions of Oregon Measure 110.

Drug reclassification: Changes to drug possession violations

Measure 110 also reclassified certain drug offenses. The following chart displays how the initiative changed drug classifications and penalties:^[14]^[15]

Drug Schedules	Charge prior to the election	Existing maximum penalty	Charge proposed by the initiative	Proposed maximum penalty
Schedule I	Class A misdemeanor	One year in jail and $6,250 fine	Class E violation	$100 fine or completed health assessment
Schedule II	Class A misdemeanor	One year in jail and $6,250 fine	Class E violation	$100 fine or completed health assessment
Schedule III	Class A misdemeanor	One year in jail and $6,250 fine	Class E violation	$100 fine or completed health assessment
Schedule IV	Class C misdemeanor	30 days in jail and $1,250 fine	Class E violation	$100 fine or completed health assessment

Commercial drug possession crimes, such as manufacturing or delivering drugs, would still be classified as a felony.^[8]

Drug addiction treatment centers: Centers established to treat substance abuse disorders

Measure 110 established a drug addiction treatment and recovery program funded by the state's marijuana tax revenue. The measure gave authority to the director of the Oregon Health Authority to establish the Oversight and Accountability Council, which would give grants to government or community-run organizations to create addiction recovery centers.

The initiative requires that a temporary telephone addiction recovery center be established by February 1, 2021, and be in operation until addiction recovery centers are established in coordinated care organization service areas. The telephone center must be operative 24 hours a day and 365 days a year until the physical centers are established. The initiative required physical centers to be established by October 1, 2021.^[8]^[16]

The centers must provide the following services:^[8]

Immediate medical or other treatment available 24 hours a day;
Health assessments, including a substance use disorder screening by a Certified Alcohol and Drug Counselor or other certified addiction treatment professional;
Intervention plans and case management services; and
Peer support and outreach.

Oversight and Accountability Council: Membership and role of the council

Measure 110 required the Oversight and Accountability Council to be established by February 1, 2021. The council is responsible for overseeing the addiction recovery centers and grants awarded from the Drug Treatment and Recovery Services Fund. The council must consist of the following:

A representative of the Oregon Health Authority, Health Systems Division Behavioral Health Services;
Three representatives of communities with a high rate of drug possession arrests;
A doctor specialized in addiction medicine;
A licensed clinical social worker;
An evidence-based substance use disorder provider;
A harm reduction services provider;
A representative of housing services for people with substance use disorder;
An academic that studies drug use or drug policy;
Two individuals that have or previously had a substance abuse disorder;
Two recovery peers;
A mental or behavioral health provider;
A representative of a coordinated care organization; and
A representative who represents a nonprofit that works with individuals who have substance abuse disorders.

Councilmembers' terms are four years, and members are provided with compensation.

Drug Treatment and Recovery Services Fund: Funding of addiction recovery centers

The initiative established the Drug Treatment and Recovery Services Fund that would receive funds from the Oregon Marijuana Account and state savings from reductions in arrests, incarceration, and official supervision. Before transferring funds from the Oregon Marijuana Account to other recipients, the initiative required that all revenue in excess of $11.25 million be transferred to the Drug Treatment and Recovery Services Fund every quarter. The Department of Revenue is required to transfer the savings from any reduction in arrests, incarceration, and official supervision. Within 180 days of the end of a two year period, the Office of Economic Analysis is required to calculate the savings to the state due to the initiative's provisions by comparing the costs of arrests and incarceration in the two year period prior to the statute's enactment with the costs from the most recent two year period.^[8]

The Oregon Secretary of State is required to audit the fund every two years beginning no later than December 31, 2022. The audit included the following data:^[8]

data on grant programs, including:
- a list of organizations and agencies that received moneys from the fund and the amount;
- a list of organizations and agencies that applied for moneys from the fund;
- the fund's total after moneys were disbursed;
- the effectiveness of the grants form the fund in increasing access to substance use disorder treatment, peer support, recovery services, harm reduction interventions, housing placement, and any other relevant outcome measures;
data on addiction recovery centers, including:
- the number of clients with substance use disorder, the average duration of client participation, client outcomes (e.g. rate of recidivism, treatment completion, ability to obtain housing, and employment);
- the number of center applicants that were denied or not connected to treatment and the reasoning behind that outcome;
- the average wait time for clients to complete their individual intervention plan;
- the total amount of money disbursed to each center;
data on the number of citations for Class E violations and the race of individuals receiving them.

Text of measure

Ballot title

The ballot title for Measure 110 was as follows:^[1]

“

Provides statewide addiction/recovery services; marijuana taxes partially finance; reclassifies possession/penalties for specified drugs

Result of 'Yes' Vote: 'Yes' vote provides addiction recovery centers/services; marijuana taxes partially finance (reduces revenues for other purposes); reclassifies possession of specified drugs, reduces penalties; requires audits.

Result of 'No' Vote: 'No' vote rejects requiring addiction recovery centers/ services; retains current marijuana tax revenue uses; maintains current classifications/ penalties for possession of drugs.^[17]

”

Ballot summary

The certified ballot summary for Measure 110 is as follows:^[1]

“

Measure mandates establishment/ funding of 'addiction recovery centers' (centers) within each existing coordinated care organization service area by October 1, 2021; centers provide drug users with triage, health assessments, treatment, recovery services. To fund centers, measure dedicates all marijuana tax revenue above $11,250,000 quarterly, legislative appropriations, and any savings from reductions in arrests, incarceration, supervision resulting from the measure. Reduces marijuana tax revenue for other uses. Measure reclassifies personal non-commercial possession of certain drugs under specified amount from misdemeanor or felony (depending on person’s criminal history) to Class E violation subject to either $100 fine or a completed health assessment by center. Oregon Health Authority establishes council to distribute funds/ oversee implementation of centers. Secretary of State audits biennially. Other provisions.^[17]

”

Full text

The full text of Measure 110 can be read below:^[8]

Fiscal impact statement

The fiscal impact statement was as follows:^[18]

The initiative directs the Oregon Health Authority (OHA) to establish Addiction Recovery Centers and increase funding for other substance use disorder services offset by decreasing funding to other programs, changes the distribution of marijuana tax revenues and reduces drug penalties for possession of some drugs.

Marijuana Revenue Redistribution The initiative creates the Drug Treatment and Recovery Services Fund (DTRSF). It redistributes marijuana revenue above $11.25 million per quarter from existing recipients to the DTRSF, reducing revenue to the State School Fund, the State Police, mental health programs, and local governments. The revenue redistributions for state agency programs are summarized below:

OHA is directed to administer grants to fund the Addiction Recovery Centers (ARCs), which will offer 24 hour access to care every day of the year starting October 1, 2021. The grants will be awarded to ARCs for operational expenses as well as to organizations providing substance use disorder treatment, peer support and recovery services, permanent supportive housing, and harm reduction interventions to be provided free of charge to the recipient of the services.

The initiative requires the Legislature to provide $57 million in annual funding (with increases for inflation) for the DTRSF. Marijuana revenue estimated at $61.1 million in 2019-21 and $182.4 million in 2021-23 should be sufficient to meet this requirement.

The initiative reduces the marijuana revenue distribution to cities and counties. The total reduction is $8.6 million in 2019-21 and $36.4 million in 2021-23.

Decriminalization of Certain Drug Offenses The initiative decriminalizes certain drug offenses and transfers the savings due to lower spending on arrests, probation supervisions and incarcerations to the DTRSF to fund additional ARC expenditures. These savings are estimated at $0.3 million in 2019-21 and $24.5 million in 2021-23. This will reduce revenue transferred from the Department of Corrections for local government community corrections by $0.3 million in 2019-21 and $24.5 million in 2021-23. The savings are expected to increase beyond the 2021-23 biennium.

Explanatory statement

The explanatory statement was as follows:^[18]

Measure 110 Explanatory Statement

Ballot Measure 110 mandates the establishment of at least one addiction recovery center in each existing coordinated care organization service area in the state. The centers triage the acute needs of persons who use drugs, provide connections to other services and offer peer support. The measure requires that services provided by the centers be free of charge and allows service providers to seek reimbursement from insurance providers. All services provided at the centers must be evidence-informed, trauma-informed, culturally responsive, patient-centered, non-judgmental, and centered on principles of harm reduction.

The measure establishes the Oversight and Accountability Council appointed by the Oregon Health Authority to provide grants to existing agencies or organizations to establish the centers. The measure directs the council to oversee the centers and requires that the centers be operational by October 1, 2021. The measure requires that the authority establish a temporary telephone addiction recovery center by February 1, 2021, and terminate the temporary center by October 1, 2021.

To fund the centers, the measure requires legislative appropriations to the authority, redirects marijuana tax account balances above $11,250,000 quarterly to the authority and dedicates to the authority any savings to the state from reductions in arrests, incarceration and supervision resulting from the measure. Current law allocates marijuana tax revenue for other uses by state and local governments. The measure reduces the marijuana tax revenue for the other uses. The measure also requires that the Secretary of State biennially conduct a financial and performance audit of the fund established by the measure.

The measure eliminates criminal penalties for possession of specified quantities of controlled substances by adults and juveniles involving: heroin (1 gram or less), cocaine (2 grams or less), methamphetamine (2 grams or less), MDMA (less than 1 gram or 5 pills), LSD (less than 40 user units), psilocybin (less than 12 grams), methadone (less than 40 user units) and oxycodone (less than 40 pills, tablets, or capsules). Instead, possession of these specified quantities of controlled substances becomes a non-criminal Class E violation for which the maximum punishment is a $100 fine or completion of a health assessment with an addiction treatment professional. The measure also reduces penalties for possession of controlled substances, other than possession constituting a commercial drug offense, in amounts greater than specified quantities, to a misdemeanor with less than a year imprisonment, a $6,250 fine, or both.

The measure creates the rebuttable presumption that a person applying for an occupational or professional license or other authorization, and who was convicted of a controlled substance Class E violation, is not unfit to hold the license or other authorization.

Readability score

See also: Ballot measure readability scores, 2020

Using the and formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The attorney general wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 15, and the FRE is -3. The word count for the ballot title is 70, and the estimated reading time is 18 seconds. The FKGL for the ballot summary is grade level 16, and the FRE is 1. The word count for the ballot summary is 118, and the estimated reading time is 31 seconds.

Support

More Treatment. A Better Oregon. led the Yes on 110 campaign in support of Measure 110.^[11]

Supporters

Political Parties

Democratic Party of Oregon
Multnomah Democrats
Working Families Party of Oregon

Unions

AFSCME, Oregon
National Association of Social Workers
Oregon Academy of Family Physicians
Oregon Criminal Defense Lawyers Association
Oregon Nurses Association
Oregon School Psychologists’ Association

Organizations

ACLU of Oregon
American Civil Liberties Union
American College of Physicians, Oregon Chapter
Central City Concern
Clergy for a New Drug Policy
Coalition of Communities of Color
Crime Victims' Rights Alliance
Drug Policy Action
Human Rights Watch
Law Enforcement Action Partnership
NAACP Portland
NARAL Pro-Choice Oregon
New Approach Oregon
Oregon Cannabis Association
Oregon Physicians for Social Responsibility
Planned Parenthood Adovcates of Oregon
Sixteen Thirty Fund
Students for Sensible Drug Policy
The Confederated Tribes of Grand Ronde
Unite Oregon

Arguments

Andy Seaman, an addiction specialist and assistant professor of medicine at Oregon Health and Science University: "Instead of caring for people, offering appropriate treatment, we have decided to incarcerate them and by incarcerating them, we take away the very things that allows their recovery."
Theshia Naidoo, managing director of criminal justice law and policy at Drug Policy Action: "Oregonians have always been early adopters of drug policies that shift the emphasis towards health and away from punishment. The idea behind this groundbreaking effort is simple: people suffering from addiction need help, not criminal punishments. Instead of arresting and jailing people for using drugs, the measure would fund a range of services to help people get their lives back on track."
Richard Harris, a former director of mental health and addiction services for the Oregon Health Authority: "If you put them in jail, you’ve only increased the mountain they have to climb because they now are unable to gain finance, work and housing unlike people who don’t have a record."
Kayse Jama of Unite Oregon: Measure 110 "will help eliminate the disparities that communities we organize face in drug possession charges and convictions, and it will put the resources we currently waste on those arrests and prosecutions into funding for meaningful, accessible, culturally competent treatment options for individuals who are seeking addiction recovery and treatment."
Dr. Robert Lowe, former teacher of emergency medicine at OHSU, and Dr. Ray Strangeland, a board certified emergency physician: "Under Measure 110, anyone who wants services will be able to get them, not just those who have the funds or the “right” insurance plan. Measure 110 isn’t just a good idea; it is literally a life and death matter. Measure 110 offers those struggling with addiction a way out, while offering our state a path forward to treat addiction humanely and effectively. Measure 110 can change our broken, unjust system that criminalizes addiction instead of connecting people to care."
Monta Knudson, executive director of Bridges to Change: "We have to really begin to shift the way we think about addiction. And we have to stop being naive that we can think that we can continue to incarcerate ourselves out of this issue."

Campaign advertisements

The following videos were released by More Treatment. A Better Oregon. on YouTube:^[19]

Title: "Let's Save Lives, Not Ruin Them"

Title: "Janie Gullickson - Yes on Measure 110"

Title: "Hubert Matthews - Yes on Measure 110 Campaign"

Opposition

Vote No on Measure 110 led the campaign in opposition to the initiative.^[13]