The Washington State legislature adjourned this session without passing a bill addressing the pending statewide drug policy of decriminalizing fentanyl and other narcotics.
The legislature closed out on April 23, failing to pass any drug possession laws. On May 2, Gov. Jay Inslee (D) called for a special session to commence on May 16, saying, “My office and I have been meeting with legislators from all four caucuses, and I am very optimistic about reaching an agreement that can pass both chambers.”
WASHINGTON GOVERNOR CALLS SPECIAL SESSION TO PUSH DRUG DECRIMINALIZATION LAW
Washington state lawmakers have been divided over how to tackle drug possession and have racked up a history of failed bills showcasing the chambers' indecisiveness.
Before February 2021, drug possession was a felony that held a common sentence of 0-6 months for the first three offenses and could be as long as 5 years.
On Feb. 25, 2021, the state’s Supreme Court struck down Washignton's standing drug possession policy. State v. Blake found that unintentional illegal drug possession, including hard drugs such as fentanyl, is not a felony. In a 5-4 decision, the court ruled that the previous statute violated the state and federal constitution.
Following the ruling, the state legislature passed a law making possessing small amounts of narcotics a misdemeanor. However, that law will expire is set to expire on July 1.
If the legislature doesn't come together in the special session to pass a new law, the court's Blake ruling will take full effect, decriminalizing hard drugs throughout the Evergreen State.
Lawmakers introduced Senate Bill 5536, making possession of an unlawful drug a gross misdemeanor, on Jan. 23 in the Senate Committee on Law and Justice. The bill passed during the third reading in the House on April 11 in a 54-41 decision. However, the legislation failed in the Senate 43-55 on April 23, causing Inslee to call for a special session to reconvene.
Democratic Rep. Tarra Simmons, who voted for the bill, explained why she supports the legislation declaring a hard drug possession as a misdemeanor versus a gross misdemeanor, which some lawmakers are pushing for.
“People do not get better in jail,” Simmons said. “We don’t have treatment there. It is not trauma-informed. It is not a therapeutic environment.”
Those pushing for a harsher sentence of a gross misdemeanor argue that the current policy will not give offenders enough time to rehabilitate.
“We know through data and studies that it takes a long time to detox, to go through a program,” said Republican Gina Mosbrucker, who voted against the original bill, which only included a misdemeanor and proposed amendment. “Often, we see that the gross misdemeanor is going to give us 364 days, whereas a simple misdemeanor is going to give us 90 days. It also gives us the ability to plea bargain and to give and cater to the needs of the person who is potentially incarcerated or potentially going to take the diversion to move forward.”
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Washington state’s drug use has become more prominent over the years, with the 2022 Overdose Death Report indicating an increase of 17%, with nearly 2,500 overdose deaths. King County saw an exceptional rise in deaths, attributing the cause to an increase in fentanyl use. Those who died in Fentanyl-related incidents nearly doubled from 385 in 2021 to 670 in 2022.
Democrats hold a majority in both chambers, although this issue is resulting in some members crossing party lines. Lawmakers are expected to return to the floor on May 16, hoping to pass a resolution during the special session before the summer deadline decriminalizes hard drug use.