Learning from Europe: The effects of decriminalized drug possession in US state of Oregon and a move toward out-of-court disposals of England & Wales

• In Event: Progressive Drug Policies in the U.S. and U.K - Lessons Learned

Abstract

In November of 2020, over 60% of voters in the US state of Oregon voted in favor of decriminalizing the possession of personal quantities of all illicit drugs. The initial aim of decriminalization was to connect users to treatment outlets without unnecessary negative impacts of criminal legal involvement. Opponents of decriminalization argued that it was a “failed policy”, pointing to drug related deaths and crime. Using interrupted time-series analyses with administrative data from January 2008–December 2023 on drug related deaths and reported crime, we first demonstrate that this argument is not supported by data. Nevertheless, after three years of implementation, the state legislature recriminalized drug possession in 2024. The new aim is to engage those found in possession of controlled substances with a “deflection” model that employs a warm handoff from law enforcement to service providers. Meanwhile, in England and Wales, police force areas have been engaging in deflection by another name – out-of-court disposals/resolutions and police-led diversion – as possession offences continue to be a sizable issue in England and Wales. In the 2022/23 reporting year, the Home Office reports over 133,000 possession offences, with 21.5% of them being charged/summoned for court. With this context, it seems that Oregon could estimate the potential effects of deflection efforts so long as they maintain support and law enforcement buy-in. We use the effects derived from a synthetic control analysis of English and Welsh jurisdictions that engaged in a systematic diversion effort (e.g., West Midlands, England) and estimate the potential impact in Oregon. We conclude the presentation by discussing strengths and weaknesses of this approach, and potential implications for the potential of policy transfer.

Authors

• Christopher M. Campbell, Portland State University

• Kelsey Henderson, Portland State University

• Brian Renauer, Portland State University