Tag: Measure 110

Multnomah County DA Mike Schmidt Wisely Implements Oregon Decriminalization Law

Both District Attorney Mike Schmidt and the Oregon Measure 110 drug decriminalization law won overwhelmingly in Multnomah County, as residents throughout the Portland Metropolitan Area understand the need to move towards progressive “smart on crime” policies instead of regressive and ineffective “tough on crime” laws. Treating drug use and addiction as a health issue instead of a criminal matter, as Measure 110 calls for, is a foundational position of progressive criminal justice reforms, and it is great to see that Schmidt announced that his office will wisely implement Measure 110 early, even though the law doesn’t officially go into effect until February 1, 2021.

Multnomah County is joining both Clackamas and Deschutes County in saving limited law enforcement resources and taxpayer dollars, not to mention improving more lives, by promptly enacting Measure 110. From the Multnomah County District Attorney’s Office:

“The passage of Ballot Measure 110 sends a clear message of strong public support that drug use should be treated as a public health matter rather than a criminal justice matter. Past punitive drug policies and laws resulted in over-policing of diverse communities, heavy reliance on correctional facilities and a failure to promote public safety and health. It’s time to move beyond these failed practices, expand access to treatment and focus our limited law enforcement resources to target high-level, commercial drug offenses,” said District Attorney Mike Schmidt.

Under Ballot Measure 110, people will no longer be arrested and jailed for the possession of small amounts of drugs. Instead, they will get the opportunity for a health assessment and be connected to treatment or recovery services, including housing assistance.

Because of the strong public support for Ballot Measure 110 and the need to conserve scarce law enforcement resources during a time of competing demands, the district attorney’s office will immediately change its practices relating to the handling of cases that contain a PCS charge.

I applaud District Attorney Mike Schmidt and every Oregon law enforcement official that is treating personal drug possession as a health issue instead of a criminal matter. The Drug War has not worked and it is time to implement a new, health-based approach. This is not a free-for-all to sell drugs as critics have nonsensically claimed and the sky will not fall, just as the sky remained above us when we legalized cannabis.

I urge everyone to support DA Schmidt and all elected officials who are following the will of the voters and turning the page on failed, harmful, and racist Drug War policies. I look forward to more Oregon prosecutors following this path and eventually more states following in Oregon’s footsteps in sweeping the War on Drugs into the dustbin of history. #NoMoreDrugWar

A summary of Multnomah County DA’s new practices can be obtained by here and a detailed explanation can be obtained by clicking here.

Clackamas County, Oregon, Prosecutors Decriminalize Drugs Today

Following the passage of Oregon Measure 91 in 2014, several county prosecutors effectively legalized cannabis months before the landmark legalization law went into effect. Now, we are starting to see the same treatment of all drugs following the passage of Measure 110 with over 58% of the vote on November 3rd. The Clackamas County District Attorney’s Office sent out an email to all police chiefs in their jurisdiction that their office will stop prosecuting minor drug possession cases effective today, on November 23rd, a few months before the law officially goes into effect on February 1, 2021.

The email from Clackamas County Chief Deputy District Attorney Chris Owen to law enforcement heads within the county:

Dear Chiefs:

As you are aware, Oregon voters passed Measure 110, which decriminalizes, among other things, possession of up to 1 gram of heroin, 2 grams of methamphetamine and cocaine, 12 grams of psilocybin, 40 user units of LSD 40 pills/capsules containing synthetic opiates.

The measure takes effect on February 1, 2021. At that time, persons found to be in possession of these controlled substances will be referred to local municipal or justice courts and subject to the newly created Class E infraction, which carries a maximum $100 fine. This fee will be waived if the offender provides proof of participation in a substance abuse assessment. There is no requirement that the person engage in treatment.

As the voting public has overwhelmingly passed this measure, effective 11/23/20 the Clackamas County District Attorney’s Office will stop charging new Unlawful Possession of Controlled Substance cases that will otherwise be decriminalized on February 1. It is our belief that having officers investigate and submit cases for a prosecution in the weeks leading up to February 1, which will not lead to any sanction or court supervised treatment, is not the most effective use of criminal justice resources.

While we fundamentally disagree with this measure, ceasing to prosecute these matters prior to February 1 is consistent with the will of the voters, which we must respect.

Investigations where a juvenile is found to possess controlled substances in amounts that will be decriminalized should still be referred to the Juvenile Department so the juvenile can have the opportunity for supervised treatment. There is a juvenile workgroup convening who will eventually offer guidance about what to do with juvenile referrals after February 1.

Until February 1, misdemeanor PCS is still unlawful. The decision of our office is not intended not divest local law enforcement officers the ability to conduct lawful investigations, searches and arrests. 

Good communication about this significant change is paramount. If you have any questions or need clarification about this decision, I encourage you or anyone in your agencies to contact me directly. We look forward to our presentation on December 15th where we will discuss additional specifics of M110 and its search and seizure implications.

Chris Owen

Chief Deputy District Attorney

Clackamas County DA’s Office

The Oregon cannabis community can be proud of leading the fight against the failed and harmful Drug War. As the first state to decriminalize cannabis back in 1973 and among the early states of legalizing medical and adult use cannabis (in 1998 and 2014, respectively), Oregonians are true pioneers, putting a sledgehammer to the War on Drugs, by decriminalizing drugs in 2020.

Measure 110 was made possible by cannabis law reforms passing first and that more than $100 million dollars have become available to fund drug treatment and recovery services from larger-than-expected cannabis tax revenue. When you support local dispensaries like Pendleton’s Kind Leaf, you are helping fund a variety of social programs, including more drug treatment beds, hiring more recovery mentors, housing programs, and job training services.

It’s great to see Clackamas County prosecutors ending unnecessary prosecutions early. Hopefully, other county district attorneys will follow suit. Step by step, we are saying “No More Drug War” and it’s so great to see Oregon leading the way.

VOTE!!! And then Come to Kind Leaf and Receive a Sticker with a Purchase!

By now, you’ve grown tired of all of the political ads across the airwaves and you’re certainly done with debates on social media. Oregonians, if you haven’t gotten your ballots in yet, be sure to get those ballots in soon to make sure that they get counted. Tuesday, October 27th, is the last day that you can safely mail in your ballot, so use a drop box after Tuesday. Personally, I urge you to vote YES on both Measure 109 and 110. Measure 109 will allow for medicinal psilocybin therapy while Measure 110 will end harmful drug possession arrests and set aside more than $100 million for more drug treatment and recovery services.

Oregon has been a pioneer on voting by mail and voting access in general, leading to high turnout rates compared to the rest of the nation and, thus far, there is record breaking turnout. Turnout is so great, that if you haven’t been bugged by a campaign volunteer yet, you soon will be. Get in your ballot and you’ll be taken off of campaign’s lists as they’ll know that your ballot has been returned.

The only bad thing about Oregon’s vote by mail system is that you don’t get an “I Voted” sticker like you do in other states. To reward yourself, and fellow voters that you care about, drop by Kind Leaf, make a purchase from the best cannabis selection in Oregon and you’ll get a limited edition sticker while supplies last! No matter how you vote, just be sure to vote and do your civic duty. To help you get through this election season, Kind Leaf will always be there for you.

Kind Leaf is a true, Oregonian small business that gives back to the local community. By supporting Kind Leaf, you are supporting Oregonians, particularly the local Pendleton area, not an out-of-state or multinational corporation. Kind Leaf always has great deals and offers discounts for seniors, veterans, OMMP patients, and for utilizing the curbside pick-up window.

Kind Leaf, Eastern Oregon’s premier craft cannabis boutique, has THE best selection in the state, if not the entire Great Northwest, if not the world. Come in and compare.

Oregonians, Vote Yes on 110 to End Harmful Drug War Arrests and Convictions

Oregon has made a lot of progress ending harmful Drug War arrests and convictions, but there is still more work to be done. Let’s take the next step by passing Measure 110, the Drug Addiction Treatment and Recovery Act and move Oregon towards treating addiction with a health-based approach similar to the successful system that Portugal established nearly two decades ago. If you want to put an end to Drug War tragedies, such as the killing of Breonna Taylor, passing Measure 110 is a great start.

I’m honored to serve as a chief petitioner of this important measure, along with Haven Wheelock, a public health expert and advocate at Outside In, and Janie Gullickson, the executive director of the Mental Health and Addiction Association of Oregon. Measure 110 will end over 8,000 drug possession arrests and set aside over $100 million dollars for treatment and recovery programs that include job training, housing assistance, and harm reduction interventions.

As the Oregon Criminal Justice Commission notes, Measure 110 will end about 90% of all personal drug possession arrests. Currently, we are arresting nearly 9,000 people every year for misdemeanor drug possession, without funding adequate treatment programs. These arrests and convictions merely saddle people with criminal records, hurting their ability to get a job, an education, and housing. Further, as the justice commission states, Black and Indigenous Oregonians are disproportionately harmed by these drug arrests and convictions and Measure 110 will eliminate racial disparities of these harmful punishments by 95%.

Measure 110 pays for treatment, recovery, and harm reduction programs that include housing assistance, job training, and peer support by utilizing excess cannabis tax revenue. When Oregon first voted to legalize cannabis, only $40 million was expected to be brought in. Now, the state brings in over 3x that amount. Measure 110 locks in the first $45 million for the programs originally scheduled for funding and the Oregon Legislature ensured that the $9 billion dollar school budget will NOT be cut, thus money that is earmarked for law enforcement will now go to funding more treatment and recovery programs.

Measure 110 is a win-win for Oregon. If you are undecided, or know anyone that is undecided on the measure, have them read the endorsement of the Portland Mercury, or The Oregonian, and take a look at the long list of endorsers that include the Oregon Nurses Association, the Oregon Academy of Family Physicians, the Oregon School Psychologist Association, and the Law Enforcement Action Partnership (LEAP, formerly Law Enforcement Against Prohibition).

Longtime cannabis legalization supporter Congressman Earl Blumenauer is once again on the right side of history, urging Oregonians to end harmful Drug War possession arrests and treat drug use and addiction as a health issue, instead of a law enforcement one.