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. Now the Legislature is grappling with how to address the fallout of State v. Blake.

Below are brief summaries of the six bills currently introduced to address state law on the possession of drugs. We expect that in the coming days, the Legislature will choose one or two of these bills to serve as the vehicle for updating state law.

HB 1560, sponsored by Rep. Jesse Young (R–Gig Harbor), adds the element of “knowingly” possessing a controlled substance in order to be charged with a felony. The bill includes an emergency clause allowing it to become law as soon as it is signed by the governor.

HB 1562, sponsored by Rep. Brad Klippert (R–Kennewick), allows cities, towns, and counties to enact their own laws and ordinances relating to possession of controlled substances.

SB 5468, sponsored by Sen. Mullet (D–Issaquah), is similar to HB 1560 in that it adds the element of “knowingly” possessing a controlled substance in order to be charged with a felony. The bill also includes an emergency clause allowing it to become law as soon as it is signed by the governor.

SB 5471, sponsored by Sen. Padden (R–Spokane Valley), adds the element of “knowingly” possessing a controlled substance in order to be charged with a felony. It adds an additional clause to allow an individual who unknowingly possesses a controlled substance to be found guilty of a civil infraction and be subject to fine of no more than $3,000. The bill also includes an emergency clause allowing it to become law as soon as it is signed by the governor.

SB 5475, sponsored by Sen. Mullet (D–Issaquah), adds the element of “knowingly” possessing a controlled substance in order to be charged with a felony. The bill also creates a legislative work group on the possession of controlled substances. The work group would hold public meetings to study the impact of State v. Blake and submit its findings and recommendations to the Legislature by June 30, 2022. The bill includes an emergency clause allowing it to become law as soon as it is signed by the governor.

SB 5476, sponsored by Sen. Dhingra (D–Redmond), allows for the possession of a “personal use amount” of specific controlled substances. Individuals found possessing the allowed amount of controlled substances would be connected with a forensic navigator for evaluation and connected with services. Individuals over the age of 21 found possessing more than a personal use amount of controlled substances could be charged with a felony. Individuals under the age of 21 found in possession of any controlled substance, including marijuana, are guilty of a gross misdemeanor. The bill includes an emergency clause allowing it to become law as soon as it is signed by the governor.

AWC will remain engaged with legislators as they consider their next steps. We will provide updates to cities as they become available.