Editorial: Kropf, Kotek and Knopp on changes to Measure 110

Published 5:00 am Thursday, January 25, 2024

Measure 110 was passed by voters in November 2020 with a message Oregonians could not resist. Don’t arrest people who are addicted to drugs. Treat them, instead.

The idealism of Measure 110 was undermined by its realities.

It has worked to create more access to treatment and successes in treatment. It hasn’t worked as well as it could to get people into treatment.

On Tuesday, state Rep. Jason Kropf, D-Bend, and state Sen. Kate Lieber, D-Portland, brought out a framework for changes.

It was met by criticism from the ACLU of Oregon who said any recriminalization of drugs was a mistake, a step backward.

It was met by criticism from state Sen. Tim Knopp, R-Bend. He asked for harsher penalties for dealers and drug possession. He equated drug dealers to hitmen saying when they are dealing fentanyl, they are essentially getting paid to kill people.

And the proposal was met by what we would label as caution by Gov. Tina Kotek, whose staff told us: “The Governor looks forward to reviewing the proposal and doesn’t have a position at this time.”

The focus of attention on the proposed changes have understandably been on recriminalization of small amounts of possession. The proposal would be to move it from a Class E violation to a Class C misdemeanor.

A Class E violation has meant little in practice. People could tear up the Class E ticket and nothing would happen. People didn’t have to seek treatment. It wasn’t enough to impel people into treatment. Addiction can rule a person’s life. A ticket without repercussions does not change that.

In contrast, a Class C misdemeanor is punishable by up to by 30 days in jail and/or a fine of $1,250. And the idea is to make it so people can avoid the misdemeanor charge by seriously engaging in a treatment program.

At least three other changes in Kropf’s and Lieber’s proposal deserve attention.

Prior authorization would be prohibited in Oregon for people to get access to medically assisted treatment for drugs. Giving people a prescription for a legal drug to get off illegal drugs is one of the best ways to treat addiction. Prior authorization helps insurers hold down costs and verify the need for the prescription. For a person who needs drug treatment, though, not being able to get a prescription immediately can mean they walk away. That can be a death sentence for people who then go out and find fentanyl.

A second change was driven by the courts. Basically, the way delivery of drugs could be charged was thrown into question. It made it harder to charge drug dealers. The proposed change in the law would make it more clear “delivery” includes possession of a controlled substance by one person with the intent to transfer the controlled substance to another person.

The third change is that penalties for dealing drugs would be increased in certain locations, such as in a park or near a drug treatment facility. The penalties would increase by perhaps a step in a state chart that gives sentencing guidelines.

This bill is not everything that the Legislature will do this session to attack addiction and prevention in Oregon. More work will also be necessary in the years to come.

It’s not a return to the approach before Measure 110. It builds on what has worked and what did not.

“This is not the war on drugs,” Kropf said at a news conference Tuesday. “This is saying police — in the moment on the street can intervene — and we are going to hand that person off to public health. It is significantly different than what we have done before in this state.”

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