Oregon’s decision to reverse its decriminalization of hard drugs, as enacted in 2021, marks a turning point in the US state’s drug policy. In an attempt to respond to the health crisis caused by the use of fentanyl and other deadly substances, Democratic Governor Tina Kotek signed into law a new law that will once again make possession of drugs such as fentanyl, heroin, cocaine, or ecstasy from September 1st.
This decision marks a radical turnaround compared to the decriminalization policy initiated three years ago. At the time, Oregon broke new ground by adopting an approach to treating drug users as sick people rather than delinquents. Inspired by the Portuguese model, where the decriminalization of drugs has proven its worth for more than two decades, Oregon had chosen to punish the possession of small quantities of hard drugs with simple fines.
However, the application of this policy quickly showed its limits. Indeed, the crisis linked to fentanyl has hit the state of Oregon hard, with an alarming increase in fatal overdoses between 2019 and 2022. Faced with this observation and the lack of adequate health structures to support consumers, public opinion has gradually shifted in favor of tougher measures against drug consumption.
Critics of decriminalization have thus pointed out its ineffectiveness and the harmful consequences on public health, while health professionals have highlighted the difficulties encountered in setting up the services necessary to support users. The Drug Policy Alliance, which had campaigned for decriminalization, strongly criticized this step backwards, denouncing the lack of a real link with effective treatment programs.
Despite this setback, the new law adopted by Oregon still provides for favoring alternatives to criminal prosecution, when possible. It also aims to strengthen collaboration between law enforcement and health services, with the aim of promoting the treatment of users while maintaining a form of accountability.
Ultimately, Oregon’s decision to reverse its hard drug decriminalization policy raises complex questions about the best approach to combating illicit substance use. While the debate rages in the United States and beyond, it is now up to the State to find a balance between repression and prevention to effectively respond to the public health issues linked to the consumption of hard drugs.
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