Legislators return to Olympia tomorrow for special session to address drug possession law

The Legislature will reconvene at 10 am tomorrow, May 16, for a special session with the goal of adopting a so-called “Blake fix” bill addressing the criminality of drug possession. We understand that legislators will come back to Olympia in person for what is anticipated to be a one-day special session focused solely on this topic.

Legislative leaders from the four caucuses reportedly reached agreement over the weekend on compromise for SB 5536. The language of the compromise bill is available here. The compromise addresses some of the most critical issues that cities had raised in terms of being able to implement the new law at the local level. Based on conversations with legislators about the content of the compromise, AWC has expressed our support for passing the bill.

The current law will expire on July 1, 2023, and possession and use of drugs will be effectively decriminalized at the state level if the Legislature fails to enact legislation. If that occurs, the law along with the provisions preempting cities from passing local laws will expire and cities will be able to adopt an ordinance penalizing the possession and/or use of drugs.

Legislative leaders met consistently since the Legislature adjourned on April 23 seeking to reach a consensus agreement on this issue, and AWC has been working closely with legislators since then to advocate for a workable, statewide solution.

The AWC Board Legislative Steering Committee met after the session ended without a drug possession law and directed AWC staff to:

• Support a Blake response approach that includes making possession of an illegal drug a gross misdemeanor while focusing on diversion options that encourage individuals to participate in treatment programs in lieu of criminal penalties.
• Support legislation that is clear and implementable for cities and preserves local prosecutorial and judicial discretion and avoids being overly rigid and prescriptive. The language of any new law must be workable for local prosecutors and law enforcement. The provisions regarding diversion programs need to allow for local discretion and factors around availability and capacity of diversion options.

What will the Legislature pass?

We understand that the bill will be passed with a one-day session, and we expect that the law will likely go into effect before the July 1 deadline. Although nothing is certain at this point, the bill, as we understand the likely final compromise to be, will establish gross misdemeanor crimes of (1) drug possession; and (2) public drug use. While it likely will not include the specific definition of “use” as we have requested, it will be written in such a way that it will be implementable at the local level.

Regarding preemption of local authority pertaining to drug paraphernalia, we understand that the field preemption language will include provisions that allow cities to continue to regulate harm reduction programs’ use of drug paraphernalia within their jurisdiction. The field preemption language also continues to allow cities to enforce existing state statutes regarding selling and use of drug paraphernalia, as a simple misdemeanor per RCW 69.50.412. We believe that this language is a good compromise and will allow cities to continue to have a voice in how harm reduction programs operate in their communities, as well as harmful uses of drug paraphernalia.

AWC will continue to keep cities updated as the special session unfolds.

Some background on special (or extraordinary) sessions

They can last up to 30 days. The Governor can call a special session, or the Legislature can call their own special session with a two-thirds vote of all members. The last special sessions were in 2017, when there were three. There is no limit on the number of special sessions that can occur in a year. Here is the Governor's Proclamation calling the special session.