Law Enforcement Encounters and Decriminalization Gaps: Insights from People Who Use Drugs in Oregon Post-Measure 110

Background:

In Oregon, Measure 110 (M110) marked a significant shift in drug policy, moving towards decriminalization. Understanding the impact of this policy on people who use drugs (PWUD) is crucial for assessing its effectiveness and identifying areas for improvement. This study provides the first comprehensive analysis of M110 from the perspective of PWUD, focusing on their encounters with law enforcement and experiences of decriminalization.

Methods:

Our mixed-methods approach combined quantitative and qualitative data collection. We conducted a survey with 468 PWUD to quantify law enforcement interactions post-M110. Additionally, we employed in-depth interviews to gather qualitative insights into their experiences and perceptions. The study aimed to understand the variability in law enforcement behavior and the subjective experiences of decriminalization among this population.

Results:

Quantitatively, 73% of participants reported significant law enforcement interactions even after the enactment of M110, indicating a continued high level of engagement with the criminal justice system. Qualitatively, participants noted a general, though inconsistent, decrease in law enforcement's concern with drug possession and public substance use. However, this varied greatly by jurisdiction and individual interactions. Notably, law enforcement rarely offered resources or assistance, and instances of issuing Class E violations were absent in participants' reports.

Many PWUD, especially those who are unhoused, expressed feeling targeted and penalized by the criminal legal system. They associated homelessness and drug addiction with police perception of criminality, leading to increased visibility and interactions with law enforcement. On a positive note, some participants expressed relief from the constant fear of jail, hoping for fewer law enforcement interactions, reduced jail time, and a shift in policing focus towards more severe crimes.

Conclusion:

This study highlights the persisting gaps in the decriminalization process in Oregon post-M110, as experienced by PWUD. Despite the intent of M110 to reduce law enforcement interactions and penalties for drug use, many PWUD continue to experience significant engagement with the criminal justice system. The findings suggest a need for further policy adjustments and more consistent enforcement practices to align with the decriminalization objectives of M110. By giving voice to PWUD, this research contributes to a deeper understanding of decriminalization's impacts and offers guidance for future drug policy reforms.