In this project, we examined the multifaceted effects of possession of controlled substances (PCS) drug policy changes on system processes and community outcomes in the State of Oregon. Oregon presents a unique research opportunity to gain insight on successive efforts to reform drug enforcement and punishment that many jurisdictions may find attractive. Since 2013, Oregon has implemented three policy changes that reclassified and lowered the seriousness of low-level drug possession offenses,1 with multiple years between each: Justice Reinvestment Initiative or “JRI” in 2013 (Justice Reinvestment Act or House Bill 3194), defelonization in 2017 (House Bill 2355), and decriminalization in 2021 (Drug Addiction Treatment and Recovery Act, Measure 110 or “M110”). Even though several states have moved toward PCS defelonization, little research has explored associated effects on justice system processes or outcomes, and both public health and safety. In addition to defelonizing PCS, Oregon was also the first state to entirely decriminalize illicit drug possession (with amount restrictions) in M110.
Although these reforms were motivated by concerns over prison growth, need for more drug treatment, and negative, systemic impacts on marginalized communities, reformers’ good intentions can produce unintended consequences depending on how local systems adapt and accommodate the changes (Natapoff, 2015). As such, there was a critical need to empirically determine the effects of each policy as it pertains to state and local systems and public safety. We used a retrospective, longitudinal analysis of past policies on arrests, charges, convictions, sentencing outcomes, crime rates, and overdoses. In addition, we conducted interviews and focus group discussions with law enforcement officers, prosecutors, and court personnel to better understand decision-making processes and contextualize quantitative data trends.
(Author summary provided.)