A one-day special session of the Washington State Legislature concluded with a solution to a lingering issue and provided a “fix” to the state’s drug possession law.
On May 16, Gov. Jay Inslee signed Senate Bill 5536. The bill makes drug possession a gross misdemeanor punishable by up to almost a year in jail. It also creates the new offense of public drug use, which is a gross misdemeanor.
It requires drug possession or use to be “knowingly done,” Inslee said at the signing, addressing the arguments in the Washington State Supreme Court decision that led to the need for the legislation.
In early 2021, the Washington State Supreme Court turned down existing law that made drug possession a felony regardless of if a person knew they had drugs on them. Later that year, the Legislature passed a temporary measure making simple possession a misdemeanor.
That temporary law is set to expire on July 1. The Legislature worked on a permanent solution during this year’s regular session, but amendments made by the House led to the bill’s defeat on the last day of the session on April 24 by a 43-55 vote.
Following the bill’s failure to pass, Inslee called a special session that could have lasted up to 30 days. The bill passed the Senate 43-6 and the House 83-13.
The governor said passing the bill the second time around is one of the more successful bipartisan efforts the Legislature has undertaken.
“Both parties worked hard to reach this agreement,” Inslee said.
Outside of new language in the law, the bill invests $44 million in drug treatment and recovery services, and another $9 million for attorneys who represent clients that face charges of the new offenses, Inslee said. The governor called the new law “a common-sense and effective policy between accountability and treatment.”
The legislation is often referred to as the “Blake fix.” It is named after the court case where the state Supreme Court ruled on the existing drug possession law. After Inslee signed the bill, state Rep. Greg Cheney, R-Battle Ground, said making possession a gross misdemeanor with treatment-oriented diversion is a good compromise.
"I've said from the beginning that any solution to our state's drug use and abuse problem needs to have a measure of accountability and consequences for actions,” Cheney said in a statement.
In his remarks on the House floor, Cheney recalled the time he spent as an attorney in drug courts. During that time, Cheney said he saw individuals make their way through that system as the first step toward their sustained sobriety.
“That requires, sometimes, a little bit of accountability by a prosecutor. Maybe it’s that extra few days of work crew because you’re showing up late to your treatments. Maybe it’s a few days in jail because you’ve used substances again and you need to be, for the safety of the community, put in for a few days,” Cheney said. “But it requires a team approach. It requires a social worker, a defense attorney, a judge, a prosecutor with the shared goal of getting those individuals clean and sober.”
Cheney doesn’t believe the bill is perfect and expects to hear back from the court system next year about some tweaks.
“That’s OK. It’s a big bill and a big topic,” Cheney said. “But let’s do what we can today to make those investments. Put the accountability in place for those folks who need it most.”
In his statement, Cheney said there were some lawmakers who wanted drug possession and use to result in felony charges, while others wanted full decriminalization. He noted the bill is a good middle ground.
“We need to give law enforcement and prosecutors the tools they need to keep our communities, schools and children safe,” Cheney said. “And we need to give our local jurisdictions the access to expert services and treatment to help those struggling within the grips of their addiction.”
Another North Clark County lawmaker, Peter Abbarno, also spoke on the House floor in support of the bill. In his statement following the bill’s passage, he said SB 5536 “strikes a balance between accountability and compassion.”
“(W)hile it may not have all the hallmarks of a comprehensive criminal justice or substance abuse bill, it provides sufficient flexibility to the criminal justice system, as well as substance abuse and mental health providers, to adequately address community concerns with crime and drug use,” Abbarno, R-Centralia, said.
He said the state’s issue with drug-related crimes didn’t start with the Supreme Court case.
“This problem was years in the making and was the result of misguided policies and a lack of leadership,” Abbarno said.
Curbing drug crime will require smart investments that allow effective treatment and accountability for the offenders, the lawmaker said.
“Washingtonians expect and deserve better," Abbarno said.
