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Three years after Oregonians approved the state’s pioneering drug decriminalization legislation, Measure 110, officials in Central Oregon and across the state are pushing for change.

But many disagree on what that change ought to look like.

Measure 110 — which reduced the penalty for possession of small amounts of illicit drugs from a misdemeanor to a violation in favor of addiction treatment — has weathered intense debate since it took effect in February 2021.

Many have criticized the measure’s failure to incentivize treatment, which has led local leaders to opine on what the Legislature should do to address their concerns in the upcoming 2024 legislative session.

Bend Mayor Melanie Kebler, who is in favor of reforming Measure 110, said she’d also be in favor of criminalizing public drug use as a way to address concerns about Measure 110.

“Cities and local governments are affected greatly by the public health crisis of addiction that we see playing out on our streets every day,” she wrote in an email. “I believe changes to Measure 110 are warranted, but any changes must help us meet both the goals of keeping our streets safe and meaningfully responding to the addiction crisis.”

While Kebler said the Legislature needs to lead the reforms, cities need to be given some oversight, especially if it comes down to regulating public drug use.

“Any public safety changes must be accompanied by increased investment in treatment and getting people into safer situations, so we can get a handle on the addiction crisis,” she said.

Roughly $16 million has been allocated to Central Oregon — $12 million of which went to Deschutes County — as a result of Measure 110, which funneled cannabis tax dollars into treatment options for those cited for drug possession. Many officials are in favor of keeping that funding mechanism alive.

Reform vs repeal

Deschutes County Commissioner Patti Adair, who previously said she was in favor of repealing Measure 110 entirely but now believes reform is the path of least resistance, testified at a recent legislative committee meeting requesting funding for drug courts, and said drug possession should be made a misdemeanor.

During her testimony, she also said six infants were born with fentanyl in their systems at St. Charles Bend in the past 70 days. A spokesperson for the hospital confirmed Adair’s claim, but declined to disclose specific numbers.

“I can confirm that unfortunately we have recently seen an increase in fentanyl-affected births (newborns positive for fentanyl),” Alandra Johnson, spokesperson for the hospital wrote in an email.

Since its passage, conversations on Measure 110 have been intertwined with concern for the flood of fentanyl in counties and cities throughout the state.

As a result of that same committee meeting, the Joint Interim Committee On Addiction and Community Safety Response, Jefferson County Commissioner Kelly Simmelink and Jefferson County Sheriff Jason Pollock wrote in requesting a repeal of Measure 110.

Both Pollock and Simmelink spoke of the tragedy and death they see as a direct result of Measure 110.

“As a person who has been on the front lines of the negative effects of M110, I have seen the deaths, the mental illness, the homelessness, and the families and friendships destroyed from M110,” Pollock wrote. “The cries from family members when they ask law enforcement to do something to help save their loved one. All of it is very heartbreaking.”

Pollock argued in his written testimony that Measure 110 has exacerbated addiction without consequence.

Reform with policy

Deschutes County’s district attorney, Steve Gunnels, who is in favor of reforming Measure 110, is advocating for implementing consequences through an 11-step policy approach that reestablishes misdemeanor charges for drug possession, criminalizes public drug use and expands parole and probation programs, among other things.

“The ultimate goal of prosecutors around the state, and me, is to give the courts the tools to compel people who are addicted to drugs to get into treatment,” Gunnels said.

He believes Oregon’s court system are uniquely empowered to do just that, and all three Deschutes County commissioners largely agree.

“The court system is not going to be able to fix everybody’s drug addiction. That’s not reality,” Gunnels said. “But we can affect a great number of people and give them an opportunity to get well if we have different laws in place than under Measure 110.”

Wednesday, Gunnels plans to present the bundle of 11 policy recommendation to the county commissioners. The recommendations came from the Oregon Association of Chiefs of Police, the Oregon State Sheriffs’ Association, the Oregon District Attorneys Association and the League of Oregon Cities.

“This little bundle here, it is trying to reestablish criminal sanctions for addiction and addiction-related crimes,” Commissioner Phil Chang said, “but it’s also trying to create a capacity to treat people and divert people, which we haven’t had in the past.”

He isn’t sure re-criminalization is going to be enough to motivate people to enter treatment, but it’s worth a try.

Hundreds tell Oregon lawmakers about addiction, treatment and Measure 110