Washington State lawmakers find themselves in a pressing race against time to prevent their state from becoming the second in the nation to decriminalize the possession of hard drugs. Governor Jay Inslee has summoned lawmakers for a special session on Tuesday following their failure to reach a consensus on a new drug law during the regular legislative session.
The issue initially arose in 2021 when the Washington Supreme Court deemed the state’s felony ban on drug possession unconstitutional, citing the absence of an intent requirement. As an interim measure, lawmakers reclassified drug possession as a misdemeanor offense, with the intention of devising a permanent solution. However, the task remains incomplete, and the misdemeanor law is set to expire on July 1.
Various bills were proposed to address the situation, including Senate Bill 5536, which aimed to elevate possession to a gross misdemeanor. Although this bill came closest to passing, it was ultimately voted down on the final day of the legislative session as 15 Democrats joined all 40 Republicans in opposition.
Critics of the bill, including House Republicans, argued that its jail diversion process was too lenient and would result in a cycle of repeated offenses. Representative Peter Abbarno, a Republican, highlighted the need for a drug possession law that strikes a balance between accountability and compassion. He expressed his desire to provide individuals struggling with addiction the necessary services rather than merely incarcerating them. However, he also emphasized the importance of holding people accountable for using and possessing dangerous drugs such as fentanyl.
As overdose rates surge and public drug use becomes increasingly prevalent in many cities, certain local governments have enacted their own laws to combat drug-related issues. Marysville, for instance, became the first city in the state to recriminalize possession and subsequently passed an ordinance making public drug use an arrestable offense.
Should the state fail to replace the expiring misdemeanor law, Abbarno anticipates a “domino effect” wherein cities establish their own drug regulations. He expressed hope that lawmakers will fulfill their responsibilities and reach an agreement during the special session.
Oregon, Washington’s southern neighbor, became the first state in the country to decriminalize drug possession after voters approved Measure 110 in 2020. However, criticism of the law has grown in the face of escalating overdose deaths. An audit revealed that the state’s health authority could not account for the allocation of hundreds of millions of dollars designated for addiction treatment.
Abbarno, representing a district in southwest Washington, emphasized the importance of learning from the actions of other communities and states while striving for improvement rather than blindly following their lead.
