WA lawmakers to return to Olympia for special session to address drug possession law
A special legislative session has been called for May 16 after state lawmakers failed to find a solution for the state’s drug possession laws during this year’s session, one of the key bills that was supposed to be addressed before the temporary fix’s cutoff date.
Special sessions are scheduled for 30 days but can adjourn when the work is completed.
In the 2021 State v. Blake case, state Supreme Court Justices ruled the state’s felony drug possession laws were unconstitutional and 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 offenders with a misdemeanor and mandated law enforcement offer two pre-arrest referrals for substance abuse treatment before arresting the offender. However, that law will expire July 1.
The governor announced the special session late Tuesday in a news release.
“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,” Inslee said in the release.
“Cities and counties are eager to see a statewide policy that balances accountability and treatment, and I believe we can produce a bipartisan bill that does just that. Details are still being negotiated, but caucus leaders share the desire to pass a bill. I believe that starting the clock on May 16 will put us on a path to getting the job done this month.”
Republicans were quick to respond in a separate news release.
Newly appointed House Minority Leader Rep. Drew Stokesbary, R-Auburn, released a statement saying that House Republicans were “committed to passing statewide legislation that provides opportunities for those who are willing to undergo treatment, and accountability for those who aren’t.”
“However, we will not support a bill that falls short of either of these goals and simultaneously prevents local governments from enacting their own solutions,” Stokesbary said in the statement. “Since the regular session adjourned, House Republican leaders have remained engaged in substantive, bipartisan and bicameral conversations regarding how to incorporate our caucus’ priorities into new legislation that could be passed during a special session. The governor’s announcement today doesn’t change our involvement in finding a solution.”
The 105-day legislative session ended on April 23.
Senate Bill 5536, which would have increased the penalty for knowingly possessing a controlled substance from a misdemeanor to a gross misdemeanor, failed to pass in the Democrat-majority House chamber in the final hours of the evening before adjournment. The vote failed 43-55.
The bill also would have created pretrial diversion to treatment for those who are charged with possession, and required courts to sanction those who refuse, or refuse to comply with, treatment for substance use disorders.
No House Republicans voted for the measure, and 15 House Democrats voted against the bill sponsored by Sen. June Robinson, D-Everett, the night the session adjourned. Fifteen Democrats sponsored the Senate version of the bill, which initially passed the Senate chamber in March with a 28-21 vote.
Senate and House lawmakers could not come to an agreement on whether or not to criminalize knowing possession of drugs with a gross or simple misdemeanor, while Republicans had pushed for tougher sanctions.
Since then, areas such as Snohomish County have considered local re-criminalization efforts for drug possession since state lawmakers’ failed to pass any legislation.
The state’s budget has set aside some $600 million for treatment facilities and services for those with substance use disorders. That budget agreement came the day before the bill failed to pass the House chamber.
