Amid the worst fatal opioid overdose crisis in US history, many jurisdictions have explored alternatives to traditional models of arrest and incarceration for drug possession. Some states have decriminalized the personal possession of certain federally scheduled substances (e.g., cannabis, psilocybin, and buprenorphine), enacted Good Samaritan laws to shield people from arrest at the scene of an overdose when they seek help, created police programs that link people to treatment and harm reduction services, and taken de facto approaches to decriminalizing drug possession. In the most sweeping response to date, Oregon voters passed Measure 110 (M110) in November 2020, making it the first state to decriminalize the possession of all nonprescribed drugs for personal use while reallocating millions of dollars toward addiction treatment, recovery programs, housing, and harm reduction services. The measure was intended to reduce overdoses by expanding and promoting linkages to health care systems for people who use drugs while reducing entrenched racial and ethnic disparities in the enforcement of drug possession laws. Since its enactment, however, M110 has faced implementation challenges, and addiction treatment capacity has not sufficiently expanded to meet the state's needs. Police officials reported that decriminalization hampered their ability to address concerns about public drug use. In 2021, Oregon's rate of fatal overdoses increased by approximately 50 percent compared with the previous year. In response to these initial outcomes, Oregon's legislature recriminalized drug possession in March 2024, which took effect in September 2024. As other jurisdictions look to Oregon's health outcomes in considering their own policy responses to overdoses, an accurate assessment of the association between M110 and fatal overdoses is crucial.
Authors
Michael J. Zoorob, Ju Nyeong Park, Brandon del Pozo, Alex H. Kral, Barrot H. Lambdin
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Table of Contents
- RESEARCH BRIEFS IN ECONOMIC POLICY 1
- Since its enactment however M110 has faced implementation challenges 1
- Prior studies have attempted to provide this assessment but none have 2
- However the rapid spread of fentanyl in illicit drug markets has 2
- 2021around the same time as when M110 became effective on February 2
- 1 2021. 2
- Our study attempts to disentangle the effects of decriminalization on fatal 2
- Washington State after accounting for the gradual spread of fentanyl 2
- Disease Control and Prevention and data on the composition of illicit drug 2
- Information System which reports the percentage of drug seizures that 2
- Our research finds a positive association between decriminalization and 2
- Oregon in 2021 and 2022 our findings allow us to rule out larger effects in 2
- It is important to consider whether decriminalization itself increased the 2
- However our findings reveal that the four states bordering Oregon 2
- Washington Idaho Nevada and California experienced a surge in 2
- We did not include Washington State in the comparison group because its 2
- Instead we analyzed the effect of decriminalization in Washington. Similar 2
- Additionally we found that recriminalization of drug possession in 2
- Washington was not associated with reductions in overdose deaths. 2
- Rather fatal overdose rates accelerated in the months after 2
- Our study is the first to our knowledge to evaluate the effect of M110 on 2
- Oregonʼs illicit drug market. Our findings suggest that the increase in the 2
- Note 3
- This research brief is based on Michael J. Zoorob et al. Drug 3
- Decriminalization Fentanyl and Fatal Overdoses in Oregon Jama 3
- Network Open 7 no. 9 September 2024 e2431612. 3
- ABOUT THE AUTHORS 3
- Michael J. Zoorob 3
- Rhode Island Hospital 3
- Ju Nyeong Park 3
- Warren Alpert Medical School Brown University 3
- Brandon del Pozo 3
- Warren Alpert Medical School Brown University 3
- Alex H. Kral 3
- Research Triangle Institute International 3
- Barrot H. Lambdin 3
- Research Triangle Institute International 3
