Editor’s note, added August 9, 2026. I wrote this post in November 2020, two weeks after Oregon voters passed Measure 110. Almost everything below has changed since. The parts about criminal penalties are now wrong, and they are wrong in the direction that matters: they make the legal risk sound smaller than it is. Please do not rely on them.
Here is what is true as of August 2026.
- Possessing a small amount of a drug for personal use is a crime in Oregon again. House Bill 4002, passed in 2024, replaced the $100 violation described below with a “drug enforcement misdemeanor.” The Marion County District Attorney’s office says HB 4002 primarily took effect September 1, 2024.
- There is no minimum amount. The same office puts it plainly: HB 4002 sets no threshold for the charge, and a person can be charged for any detectable amount, “including trace amounts or residue only.”
- Larger amounts are charged more seriously. For psilocybin, 12 grams or more is a Class A misdemeanor. Sixty grams or more is a Class B felony, and so is possession the state charges as a commercial drug offense. Simple possession could not be a felony under Measure 110.
- What replaced the waivable fine varies by county. Some counties run deflection programs that send people toward treatment instead of prosecution. Whether one is available where you live is a local question.
- The Addiction Recovery Centers described below were never built. Senate Bill 755 replaced them in 2021, before any opened. The program is now called the Behavioral Health Resource Network Program.
- Psilocybin is a partial exception. Since 2023, buying and using psilocybin inside a licensed Oregon Psilocybin Services center has been lawful under state law. That program is separate from everything described below, and it does not change the rules outside it.
I am not a lawyer and this is not legal advice. If you are facing a charge, talk to a defense attorney in your county.
I am leaving the rest of the post up as a record of what the measure looked like in 2020. A replacement, covering what actually happened between 2020 and 2026, is in progress.
Oregonians just passed two ballot initiatives that will lead to profound changes for people with mental health and substance use issues, and for people who are seeking healing of all kinds. This is part two of a series of blog posts where I will be discussing these new laws, what they mean for clients and the general public, and what they mean for professionals like me.
Today we will discuss the Drug Addiction Treatment and Recovery Act, which was on the ballot as Measure 110. Here is a quick overview of what is changing, and when these changes are going to happen.
What Exactly Does Measure 110 Do?
The Drug Addiction Treatment and Recovery Act will create Addiction Recovery Centers (ARCs) throughout the state. The state will fund these centers through several different mechanisms, the most interesting of which is by decriminalizing possession of small amounts of all drugs.
What are these “addiction recovery centers” going to look like?
Each ARC will provide a lot of really great services, like these:
- Triage 24 hours a day, 7 days a week, 265 days a year
- Health Assessment that prioritizes the self-identified needs of the client
- Individual Intervention Plan, created with a case manager
- Intensive Case Management with daily support
- Connection to Services and follow-up to ensure client is accessing those services
- Peer Support
- Outreach to clients who cannot access the ARC
What specific changes are coming and when?
Here is a timeline of important dates and events.
[The penalty rules that appeared here described the scheme Measure 110 created in 2021. House Bill 4002 repealed it in 2024. See the editor’s note at the top of this post for what applies now.]
June 30, 2021: A newly created Oversight and Accountability Council will adopt rules on how these Addiction Recovery Centers are to operate.
October 1, 2021: Addiction Recovery Centers come online. At least one ARC in each of Oregon’s Coordinated Care Organization service areas must be established and operational by this date.
OK, that was a lot of dates and figures. What’s an easy-to-digest takeaway?
- [The takeaways that appeared here described Oregon law as of November 2020. Decriminalization ended in 2024. See the editor’s note at the top of this post.]
- Manufacturing and delivering controlled substances remain felonies, with two changes since 2020: HB 4002 widened “deliver” to include possession with intent to transfer, and licensed psilocybin manufacture and delivery inside Oregon Psilocybin Services is lawful under state law.
Where Can I Learn More About Oregon Measure 110?
I will be writing a series of blog posts diving into all the exciting details of this program as they become available. I’m guessing the Oregon website will continue to update or at least point to a new website that will be updated as we learn more.
