Last month, in a landmark court decision, the Washington Supreme Court ruled RCW 69.50.4013, criminalizing the possession of a controlled substance, to be unconstitutional.

The Legislature is currently grappling with the impacts of the decision. AWC expects to see significant investments in the state operating budget to help counties and courts offset the enormous financial implications of the ruling – the budget is scheduled to be released late next week. Early estimates predict up to 7,000 individuals need resentencing as a result of the decision. There will also be millions of legal financial obligations that must be repaid.

AWC anticipates that Senate democrats will introduce a bill to propose new policy on possession of a controlled substance. While we have few details at this point, we believe it will include preemption language preventing local jurisdictions from enacting criminal penalties for simple possession. Additionally, we understand the Senate will take a public health approach, with a focus on treatment options, as opposed to a criminal justice approach.

AWC has many questions about future implications of the Blake decision, just as you may have. Currently we are working with Senate leaders to address concerns about funding and ensuring resources are available to all Washington communities.

Stay tuned to Legislative Bulletin for updates on this issue.