Policing during a period of drug decriminalization

Abstract

BACKGROUND: In November 2020, Oregon voters passed Ballot Measure 110 (M110), which decriminalized personal possession of controlled substances and dramatically increased funding for lowering barriers to accessing substance use treatment and expanding supportive services for people who use drugs (PWUD). This study examined how decriminalization affected PWUD's experiences and perceptions of law enforcement practices in Oregon two years after M110 was enacted.

METHODS: We conducted semi-structured interviews with 32 PWUD across seven Oregon counties from March to November 2023. One-hour interviews were audio-recorded, transcribed, and analyzed using a thematic approach.

RESULTS: Through analysis of participant narratives of law enforcement encounters and changes in enforcement during decriminalization, we identified four key themes: (1) PWUD experienced unpredictability and perceived backlash in drug-related policing, (2) Unhoused PWUD remained particularly vulnerable despite decriminalization, (3) Mistrust of law enforcement created a barrier to police-mediated services, and (4) Participants expressed hope for improved policing practices, despite their experiences with decriminalization.

CONCLUSION: PWUD continued to experience harmful policing practices after M110's enactment. Successfully transitioning to non-punitive systems requires intentional policy design and implementation that addresses systemic barriers, builds trust, and provides effective pathways to supportive services, including housing support, rather than reverting to criminalization.