Editor's note: This story was updated March 10 to reflect the more recent signature tally.
Organizers behind the initiative to reduce the punishment for simple drug possession report that it’s well on its way to making the ballot this fall.
The Drug Addiction Treatment and Recovery Act — currently circulating as Initiative Proposal 44 — has received 125,000 signatures, enough to qualify for the November ballot, chief petitioner Anthony Johnson said. Johnson was the petitioner behind Measure 91 that legalized cannabis in Oregon.
Given the intersection of addiction, minor drug offenses, the justice system and economics, the measure has drawn a wide range of support from disparate organizations, including groups representing law enforcement, senior citizens, youths, housing concerns and the LGBTQ+ community. It has also drawn support from groups representing people of color, who are disproportionately affected by drug criminalization.
Here’s why IP44 is ringing bells:
1. Decriminalization
The Drug Addiction Treatment and Recovery Act would remove criminal penalties for low-level possession of all drugs currently classified as misdemeanors and some felonies, depending on the person’s criminal history. These personal, non-commercial possession charges would be reduced to a Class E violation subject to either a $100 fine or a completed, authorized health assessment. Delivery, manufacture and other commercial drug offenses would remain crimes and not be affected by these changes, nor would any crimes associated with drug use, such as driving under the influence.
Two years ago, the state downgraded first-time simple drug possession offenses from felonies to Class A misdemeanors, which carry a maximum penalty of one year in prison, a $6,250 fine, or both.
2. Recovery centers
The measure would establish addiction recovery centers within each of the state’s 15 coordinated care organizations. Organizers behind the initiative say these centers would include stable and transitional housing services. Recovery experts often cite the 2018 national study by the Substance Abuse and Mental Health Association, which concludes Oregon has the fourth-highest addiction rate but is last in the nation for access to addiction treatment. A 2018 state study on barriers to addiction treatment cited highly regulated and limited health insurance plans, particularly in rural areas, in addition to the complexities of addiction, which often intersect mental health issues.
3. Oversight
The measure would create an oversight and accountability council under the Oregon Health Authority. The council, composed of health care and addictions specialists, will determine how money would be distributed to grant applicants for care and recovery centers.
4. Money
It’s a big ask, with the promise of no new taxes. IP 44 would pay for itself with collections of the marijuana tax, which is expected to top $250 million in the 2019-21 biennium, far exceeding early estimates. Additional funding would come from legislative appropriations and any savings from reductions in arrests, incarceration or supervision resulting from the measure. Currently, the marijuana tax revenue is distributed between cities and counties; the State School Fund; the state Mental Health, Alcohol and Drug Treatment account; state police; and alcohol and drug abuse prevention, early intervention and treatment services. The campaign for IP44 is calling for all marijuana tax revenues above $45 million to go toward expanding recovery services, harm reduction, housing and related services, which would ultimately trickle back to cities and counties, Johnson said. The first $45 million collected each year would still be distributed according to set percentages to the other programs.