Cities asked and the Legislature is now beginning to deliver. As we enter into week three of session, proposals responding to the Blake decision are being introduced. We anticipate the bills will be scheduled for public hearing sometime next week.

Rep. Jacquelin Maycumber (R–Republic) introduced HB 1415, making the knowing possession of a controlled substance a gross misdemeanor offense.

Rep. Jesse Salomon (D–Shoreline) introduced SB 5467, which also would make knowing possession of a counterfeit substance a gross misdemeanor offense but adds additional treatment alternatives. SB 5467 focuses on substance use disorder treatment as its primary goal, proposing that individuals arrested for possession could be diverted into substance use disorder treatment prior to conviction. Convictions would be overturned and dismissed for individuals who complete treatment. This bill does not propose decriminalizing without consequences, however. If the individual willfully abandons or demonstrates a consistent failure to engage in treatment, the court would be required to impose at least 45 days of jail. Under this legislation, the treatment requirement would be subject to the availability of treatment and the availability of funding for it. If treatment or funding were not available, the court would not be allowed to sanction the person with jail time for noncompliance with treatment.

Sen. June Robinson (D–Everett) also introduced a bill late last week.  Similar to the previous two bills that were filed, SB 5536 would make knowing possession of a counterfeit substance a gross misdemeanor but with an emphasis on pretrial diversion. In lieu of jail booking and referral to the prosecutor, law enforcement would be encouraged to offer a referral to assessment and services. Courts would also be required to inform individuals of pretrial diversion programs and if the individual successfully completes the program, the law would require a dismissal of the charge(s). If the individual refuses assessment and services, or if the court determines that the individual will not successfully complete a pretrial diversion program, the court could terminate the program and proceed with a gross misdemeanor offense.

We will keep you updated as the Legislature moves forward.

Need a refresher on Blake?

In 2021, the Supreme Court determined that the statute that penalized possession of a controlled substance was unconstitutional because it lacked the requirement that a person “knowingly” possessed the substance. During the 2021 session, the Legislature passed SB 5476 to provide a temporary solution to the ruling. As a part of the bill, they must enact a permanent fix by July 1, 2023.

You can read more about AWC’s Blake Legislative priority on our fact sheet.