Key Points in Preparation for Oregon Legislative Session (2024): Examining the Multifaceted Impacts of Drug Decriminalization on Public Safety, Law Enforcement, and Prosecutorial Discretion

Problem

The problem addressed: 

This study evaluates the effects of Oregon's Measure 110 (M110), which decriminalized possession of controlled substances, focusing on public safety, law enforcement practices, and prosecutorial discretion.

General impact on the system and/or public: 

M110 has significantly altered criminal justice processes, raising questions about its influence on arrest trends, crime rates, drug court enrollment, and public health outcomes such as overdose deaths.
 

Research Questions Answered:

1. How has M110 affected law enforcement proactivity and arrest trends?
2. What are its impacts on prosecutorial decision-making and drug court enrollment?
3. How does it relate to public safety indicators such as violent and property crimes or drug overdose deaths?
   
   
    

Method and Analysis

Program Evaluated or Gaps Addressed: 

• The study explores the effects of Measure 110 (M110) while controlling for external factors such as defelonization (2017), the COVID-19 pandemic, and economic variables.
• It identifies gaps in using the criminal justice system as a pathway to treatment.
   

Data and Sample Size: 

• Data spanning 2008–2022 from sources like the Oregon Judicial Department (ODYSSEY), Law Enforcement Data System (LEDS), and public health statistics.
• Sample size includes statewide arrest and charge records, drug court enrollments, crime reports, and overdose death statistics.
   

Analysis Used:

• Interrupted time-series regressions with controls for economic and social factors.
• Interviews with 23 law enforcement officers and 14 district attorneys or treatment court staff.

Outcome

Key Findings:

• Law enforcement trends:
  • PCS arrests and charges declined sharply post-M110, continuing a pre-existing trend.
  • M110 is not the sole driver of decreased law enforcement proactivity.
• Public safety trends:
  • No detectable impact on violent crime rates.
  • A slight uptick in property crimes, particularly in urban areas, aligning with broader trends in non-decriminalized states.
  • Drug overdose deaths increased, but the trend predates M110 and coincides with the rise of fentanyl use.
• Drug court enrollment:
  • A gradual decline post-COVID and M110 implementation, followed by stabilization in 2022.
• Treatment gaps:
  • Criminal justice efforts are insufficient to address Oregon's substance use treatment needs; only a fraction of those needing treatment were reached through arrests or drug court enrollments.
    
     

Implications or Recommendations: 

1. Strengthen coordination between law enforcement and service providers (e.g., LEAD or Breaking the Cycle programs).
2. Enhance community outreach to connect individuals to M110-funded programs (e.g., CAHOOTS model in Eugene).
3. Avoid early recriminalization of PCS without robust evidence of M110's long-term effects.
4. Explore alternative solutions such as harm reduction programs, safe use sites, and increased naloxone access.

This study underscores the need for a multifaceted approach to public health and safety, combining legislative support, community outreach, and law enforcement adaptation.