House passes amended version of drug possession law. Bill heads back to Senate for review

The Washington state House passed a bill late Tuesday to address the Washington state Supreme Court’s Blake ruling that the state’s felony drug possession law was unconstitutional. The amended bill passed the House with a bipartisan 54-41 vote.

In State v. Blake, Supreme Court Justices removed any criminal penalties for drug possession. Under that decision, convictions were vacated and dismissed by an order from the court.

Lawmakers voted that same year to penalize drug possession charges with a misdemeanor, and mandated two pre-arrest referrals for substance abuse by law enforcement officials before an arrest, but that law will expire July 1.

Under the version of Senate Bill 5536 passed by the House, drug possession would still be a misdemeanor but it would not mandate pre-arrest referrals. Instead, those charged with possession can have access to a pretrial diversion program if they are arrested only for possession.

An assessment would be provided and if an individual is found to have a substance abuse disorder, they would be referred to treatment. Community service would instead be required if an individual is found to not need substance abuse treatment services.

Possession convictions can be automatically vacated under SB 5536 if an individual is able to make it two years without any other charges, convictions or arrests.

The legislation also takes steps to ensure that service providers and facilities are fully funded and available.

Because the bill was amended by House members, the bill will have to be sent back to the Senate to concur on the amendments before the bill can be signed by Gov. Jay Inslee.

Rep. Roger Goodman, D-Kirkland, spoke to the bill Tuesday night “with great ambivalence.”

“On the one hand, I’m encouraged to see the investments and the building out of the structures and systems for evidence-based interventions to help people suffering from substance abuse disorder,” Goodman said. “On the other hand I’m quite apprehensive at the prospect of criminalizing those very same people — the most marginalized people in our society —traumatizing them and driving them further into social dislocation and dysfunction.”

He said that he would vote for the policy in hopes that lawmakers could continue to work on a better solution in the future.

Others were not so sure.

Rep. Gina Mosbrucker, R-Goldendale, voted against the measure.

“We can do better,” Mosbrucker said in a statement released after the floor vote. “We had an agreement between three of the four caucuses that would have provided better legislation to address our state’s drug possession issue. Now we have legislation passing from House Democrats that doesn’t truly address the heart of the issue and help those fighting addiction.”

She said that the legislation approved in the House leaves more questions than answers.

“People will continue dying in the streets of fentanyl, heroin, LSD and other dangerous drugs because there is not enough accountability for their actions,” Mosbrucker said. “And sadly, we will be back next year talking about what we should have done to prevent more lives from being destroyed.”

Senate Bill 5536 passed the Senate on March 3 with a 28-21 vote. Republicans and Democrats were split in their votes, with both parties voting for and against the measure.

If passed and signed by Gov. Jay Inslee, the legislation would have multiple effective dates starting in July 2023.