Oregon's landmark law decriminalizing the possession of small amounts of heroin, cocaine, and other illicit drugs is facing significant backlash in light of the surge in public drug use and opioid-related deaths in the state. Measure 110, which was approved by 58% of Oregon voters three years ago, aimed to prioritize addiction treatment over criminal penalties for drug use. However, the proliferation of fentanyl and the resulting increase in opioid-related deaths, including those of children, have led many to question the effectiveness of the law.

The city most visibly affected by the cycle of addiction and homelessness fueled by fentanyl is Portland. It has become common to witness people openly using drugs on busy city streets during broad daylight. The prevalence of public drug use has deeply impacted the daily lives of urban residents, leading to a shift in perspectives about Measure 110. John Horvick, the vice president of polling firm DHM Research, emphasized the pressing concern among the public, stating, "The inability for people to live their day-to-day life without encountering open-air drug use is so pressing on urban folks' minds."

Democratic lawmakers who initially supported Measure 110 are now open to revisiting the law due to the alarming increase in synthetic opioid deaths. Oregon has experienced the highest rise in synthetic opioid overdose fatalities among states that have reported their numbers. The U.S. Centers for Disease Control and Prevention estimates a 13-fold surge in Oregon, from 84 deaths to over 1,100, between 2019 and the 12-month period ending June 30. This increase has prompted top lawmakers to consider alternative solutions to address the crisis and ensure safer streets and the preservation of lives.

Critics of Measure 110 argue that the law fails to incentivize individuals to seek addiction treatment. In the first year after the law took effect in February 2021, only 1% of people who received citations for drug possession sought help through the designated hotline. Republican lawmakers have proposed harsher sanctions, such as mandatory treatment and easing restrictions on placing individuals under the influence on holds in facilities if they pose a danger to themselves or others. Law enforcement officials have suggested reestablishing drug possession as a class A misdemeanor, punishable by up to a year in jail or a $6,250 fine.

While some lawmakers have suggested focusing on criminalizing public drug use rather than possession, critics argue that this approach fails to address the root cause of the issue: homelessness. Supporters of Measure 110 contend that decriminalization is not solely responsible for the crisis, as other states with stricter drug laws have also experienced increases in fentanyl-related deaths. The COVID-19 pandemic, a mental health workforce shortage, and the emergence of the fentanyl crisis are among the broader forces cited as contributing factors to the situation in Oregon.

Despite the controversies surrounding Measure 110, there have been some positive outcomes. The law directed cannabis tax revenue toward drug addiction treatment services and established Behavioral Health Resource Networks in every county, ensuring access to care regardless of an individual's ability to pay. The funding provided by Measure 110 has been crucial for mental health and addiction service providers, creating a sustainable and predictable funding source for services that previously lacked such support.

While public support for expanding addiction treatment remains high, there are concerns that overturning Measure 110 would hinder progress rather than solve the problem. State Senator Kate Lieber, a Democrat, emphasized the need for comprehensive solutions, stating, "Just repealing it will not solve our problem. Even if we didn't have 110, we would still be having significant issues."

As Oregon grapples with the consequences of its pioneering drug decriminalization law, lawmakers face the challenge of finding effective strategies to address the fentanyl crisis, increase access to addiction treatment, and ensure public safety. The ongoing debate surrounding Measure 110 reflects the complexities and urgency of finding solutions to the intertwined issues of drug addiction, homelessness, and public health.