Over the last several weeks, state legislators have proposed a number of bills in response to the recent State v. Blake ruling issued by the Washington Supreme Court in February.
The Court determined that the state statute criminalizing possession of a controlled substance was unconstitutional.
Out of all the proposed bills, SB 5476, sponsored by Sen. Manka Dhingra (D–Redmond), appears to the vehicle of change. It received a hearing
in the Senate Ways & Means Committee last week. The bill would legalize the possession of personal use amounts of controlled substances by persons over the age of 21. It would also:
- Remove criminal penalties for possession of controlled substances that do not exceed personal use amounts.
- Authorize law enforcement to refer individuals in possession of a personal use amount of controlled substances, counterfeit substances, or legend drugs to a forensic navigator for an evaluation and treatment referral. The individual would be under
no obligation to meet with the navigator or to accept treatment.
- Make possession of an amount that exceeds the personal use amount defined in SB 5476 punishable as a class C felony for individuals over the age of 21. Possession of a drug by an individual under age 21 would be punishable as a gross
misdemeanor.
- Stipulate that using or manufacturing drug paraphernalia is not illegal to the extent that the drug paraphernalia is for personal use.
- Establish a Class 3 civil infraction for opening a package of or using a controlled substance or counterfeit substance in view of the general public or a public place. A Class 3 civil infraction is subject to a maximum penalty of $125.
The bill includes an emergency clause and would be enacted immediately if signed into law.
A personal use amount of a controlled substance is defined in the bill as an amount that does not exceed:
- 40 units of methadone;
- 40 pills of oxycodone;
- one gram of heroin;
- one gram or five pills of MDMA;
- two grams of cocaine;
- two grams of methamphetamine;
- 40 units of LSD; or
- 12 grams of psilocybin.
AWC has taken a position of “other” on SB 5476, meaning we are not specifically in favor of or opposed to the policy in the bill; however, we do have significant concerns we will work to address with the prime sponsor. Specifically, AWC would like to see a stable, dedicated funding source for community-based treatment services necessary to assist individuals with addiction. Additionally, municipal courts and city attorneys need state investments to take on the additional caseload of prosecuting 18 – 20-year olds for drug possession.
AWC would also like to see an accountability piece in the bill. If an individual found in possession of a controlled substance receives repeated referrals to a forensic navigator, there needs to be some incentive for the individual to address their need for treatment.
Finally, if the Legislature does not pass legislation in response to the ruling, cities should be free to implement ordinances to address drug possession in their communities.