<em>Blake</em> bill passes out of House committee with significant changes

Last week, the House Community Safety, Justice, & Reentry committee voted in support of SB 5536, passing it out of committee with significant changes. Many of the changes were technical or procedural fixes to align the bill better with the current system, but some of the changes fundamentally shifted the intent of the bill.

Some of the changes include:

• Changing the charge from a gross misdemeanor (for counterfeit and controlled substances other than cannabis) to a simple misdemeanor. The House amendment and RCW 3.66.068 would still allow for court jurisdiction for a two-year period (in situations of a suspended or deferred sentence). Given this, AWC is comfortable with either approach.
• Adds ‘public use’ to what is being criminalized. The version that left the Senate criminalized knowing possession a counterfeit substance, controlled substance, or legend drug. The House amendment also adds: Knowingly possess and use in a public place by injection, inhalation, ingestion, or any other means. AWC is supportive of adding the additional offense of possessing and using in a public place because this allows these situations to be handled differently from other simple possession offenses. However, this would functionally prevent cities from enacting different criminal offenses related to public drug use.
• Allowing for judicial discretion for imposition of jail. The previous, Senate version had required imposition of a minimum of 21 days in jail for a second offense, and 45 days in jail for a third or subsequent offense, where the individual consistently refused, abandoned, or failed to comply with substance use disorder treatment. AWC is comfortable with removing the mandatory minimum jail sentences and allowing judicial discretion to ensure accountability.
• A new state preemption for drug paraphernalia regulation. This is in addition to the public health provisions contained in both bills, allowing public health disbursal of syringe equipment, safe smoking supplies, drug testing equipment, and others. The Senate version does not contain a state preemption of drug paraphernalia law. AWC opposes the preemption language, and believes it is unnecessary. Both versions contain language regarding public health uses of these items, and we believe this is sufficient to ensure that the state is promoting public health while discouraging harmful uses of the paraphernalia items.
• Changes to the process, including moving some responsibilities from the court to the prosecutor or defendant’s counsel to maintain neutrality for the court and reflect best practice.
• Probation standard of compliance. The House amendment requires meaningful engagement, rather than substantial compliance. AWC supports a standard of “substantial compliance” with treatment. Substantial compliance is a clear and known legal standard, whereas meaningful engagement is difficult to define. We will be asking the legislature to return to the standard of substantial compliance.
• Removal of the requirement for DOH to hold a public hearing in the community where an opioid facility is to be located. The Senate version maintained the current law requirement for the Department of Health to hold at least one public hearing in the community where a new opioid facility is to be located. AWC prefers maintaining current law. Transparency and public participation are important, and we would like to see this provision of current law restored.

You can find a more in-depth comparison on this chart.