Last month, in State v. Blake, the Washington State Supreme Court ruled RCW 69.50.4013,
criminalizing the possession of a controlled substance, to be unconstitutional. The fallout from this ruling has been seismic and impacts every level of government. At this juncture, AWC recommends that cities take time to carefully plan a path forward
with regards to the ruling.
The Legislature is considering SB 5468 that amends the underlying statute impacted by the ruling.
It adds the requirement that a person "knowingly” possess a controlled substance.
Although the Legislature has the authority to reenact the statute, to add the necessary elements highlighted by the Court, any change will be prospective. This means no legislative action will change the impacts of the underlying Court decision. Convictions
may still need to be vacated, legal financial obligations reimbursed, and, in some instances, individuals currently incarcerated will be eligible either for release or resentencing.
Debate continues in the Legislature over the degree of legal penalty, if any, that should be assigned for the simple possession of narcotics. An additional and not insignificant consideration is how the state should approach the treatment of individuals
suffering from substance use and abuse. If the Legislature decides to decrease the penalty to a non-felony or to fully decriminalize possession, how will it offer treatment services?
Drug courts offer treatment services to people facing criminal charges. Once a person successfully completes a court-mandated program, their charges can be reduced or even dismissed. While not the only option available, it may be the only realistic option
for many who lack insurance or the ability to access scarce treatment resources.
As we wait for our legislative leaders to act on the bill, AWC urges city leaders to:
- Review the decision carefully and make necessary changes to current city ordinances, policies, and arrest procedures that apply to the simple possession of drugs to bring them in compliance with the ruling.
- Work with your city attorneys, law enforcement, and courts to determine how to proceed in cases involving charges related to the ruling.
- Follow this non-exhaustive list of actions suggested by the Washington Association of Prosecuting
Attorneys.
- Make deliberate decisions that carefully weigh the impacts on your own communities and consider the availability of alternative resources that your city can offer those suffering from substance use and abuse.
AWC cautions cities from trying to recriminalize simple drug possession until discussions at the state level are complete.
We expect to see more information on the impacts of the ruling over the coming weeks.