OLYMPIA, WA – A special session of the Washington State Legislature adjourned in a matter of hours today as Governor Jay Inslee signed Senate Bill 5536 to settle the matter of appropriate sanction for drug possession in the state. The signing was just in time — a temporary statute was set to expire on July 1st, after which possession would be essentially decriminalized in the state. Local governments were preparing to enact their own ordinances which would result in a confusing patchwork of laws.
The bill passed the House with a bipartisan vote of 83-13. The Senate passed the compromise earlier today with a vote of 43-6.
Lawmakers nearly had a deal on a permanent fix during the regular session that ended on April 23rd, but it fell apart just before the final gavel. That urgent but unfinished business prompted the governor’s call for a special session.
The new statute prioritizes treatment, establishes a gross misdemeanor penalty for drug possession and public use of drugs and offers some local control to municipalities.
“This bill is not designed to fill our jails, it’s designed to fill our treatment centers,” Inslee says. “And the investments we’re making will create treatment resources in small townships and big cities. This is a statewide solution to a statewide problem.”
A state Senator says the hard drug-possession bill passed by the Legislature isn’t strong enough to deal with the state’s drug crisis. The legislation made possession a gross misdemeanor.
Senator Mike Padden, the ranking Republican on the Senate Law and Justice Committee, says the threat of a felony is more likely to persuade drug offenders to undergo treatment.
The Spokane Valley Republican says the punishment under the measure is basically a hybrid between a gross misdemeanor and a misdemeanor – not an effective deterrent for offenders.
Padden says, while he’s glad the Legislature passed some sort of law to increase penalties, this doesn’t go far enough to be effective.
From Washington House Democrats:
The legislation is in response to the 2021 Washington Supreme Court Blake decision, which found Washington’s strict liability law for drug possession unconstitutional. Following that ruling, the Legislature declined to return to a felony for-possession model, instead choosing to build a system focused on access to treatment and recovery.
The 2021 bill set the penalty for possession at a simple misdemeanor with two required pre-arrest referrals to services. It also created the recovery navigator program which serves as a case manager for someone in recovery, helping connect them with treatment, housing, services, and employment opportunities. Due to the mid-session timing of the Blake decision, that bill put a sunset clause on the penalty, necessitating this year’s legislation. It also established Substance Use Recovery Services Advisory Committee (SURSAC), to help make recommendations for removing barriers to treatment and recovery.
Many of SURSAC’s recommendations are included in the bill. The bill funds a pilot program for Health Engagement Hubs, which would serve as all-in-one locations where a person who uses drugs can access a range of services including high-quality medical care like wound care, harm reduction supplies, referrals or access to methadone, and linkages to housing treatment, and transportation services. The eventual goal will be to have all Washington communities within two hours of a health engagement hub. By leading with care and support, these hubs can serve as an access point for people to begin their journey to recovery. Drug testing equipment is removed from the list of drug paraphernalia. This is an essential harm reduction measure to prevent fentanyl poisoning. The giving of drug paraphernalia is removed from the statute as an infraction and language protecting public health staff from arrest and prosecution is added. Additionally, the bill creates a grant program to fund educational and employment opportunities for people recovering from SUD.
“We know that the criminal justice system is not the right place to treat a chronic health condition, but we also have a duty to address the public disorder that we are seeing in our communities,” said Rep. Roger Goodman (D-Kirkland). “I am encouraged by the comprehensive nature of this response. It ramps up recovery support that is proven to work, builds out low-barrier access to treatment, and takes steps to ensure that the collateral consequences of a conviction don’t prevent people from rebuilding their lives. The heart of this bill recognizes that fundamentally this is a public health problem with a public health response and puts measures in place to help people into recovery.”
Under SB 5536’s pre-trial diversion program, a defendant would be referred to an applicable program (Recovery Navigator Program, Arrest & Jail Alternatives, LEAD) for an assessment. Based on that assessment, the defendant would either be referred to treatment and services or if they were determined not to be in need of any services, be sentenced to up to 120 hours of community service. The defendant would then have their charges dropped if they substantially complied with treatment and services for twelve months, successfully completed a treatment program, or completed their community service. Substance use disorder is a chronic, progressive, relapsing disease that must be treated with a chronic care model. This bill builds on our statewide investments in providing meaningful, evidence-based pathways to recovery for individuals in active addiction. This legislation recognizes that recovery is born of hope and meaningful connection and that keeping people involved with support services is vital.
Recognizing the need for expanded treatment options and programs in every part of the state, the bill takes several steps to ensure that there is an adequate supply of both providers and facilities. It designates opioid treatment programs as essential public facilities, cutting red tape for their construction, and removing the requirement that the Department of Health (DOH) host public hearings prior to licensure and certification of the program. The compromise bill requires DOH to give notice to major media outlets in the community before a program is certified. It also creates a fund to pay for their construction in underserved areas. The Health Care Authority (HCA) is directed to ensure that there are an adequate number of recovery residences across the state and exempts any property being used as a recovery residence from property taxes through 2033.
