Legislature look to combat illegal substance abuse

OLYMPIA — A bill currently under consideration by the Washington State legislature would expand the use of drug treatment as an alternative to prison for those convicted of misdemeanor drug possession.

"Oftentimes, the arrest is what helps people get out of the immediate drug-induced crisis that they're in," said Rep. Jacquelin Maycumber (R-Republic), in a release by her office. "Getting them away from the bad influences around them and into various programs and offering services is a much more humane and effective way to handle drug abuse."

Moses Lake Police Chief Kevin Fuhr said he, as well as the Washington Association of Sheriffs and Police Chiefs, are all on board with legislation that works to combat illegal substance use at the source rather. Senate Bill 5467 is designed to do just that.

The proposed law would make the knowing possession of certain counterfeit drugs or controlled substances a gross misdemeanor charge which could be deferred or dismissed if the person being charged elects to go through a treatment program and completes it.

“Which is what we're all looking for. These folks that are addicted to a substance, we all want them to get help,” said Fuhr. “Our goal isn't to book them. Our goal is to get them treated so that they can move on with life and we're not dealing with them and their substance use.”

The bill is sponsored by a group of 16 senators, both Republicans and Democrats. There is also a companion bill in the House, HB 1613.

When asked if the option to complete a drug treatment program would be available more than once for the same person, Fuhr responded that he believed the bill did allow for that.

“Pretty much every time. Because here's the thing: What they find is, and this is nationwide, when people are addicted to a substance it takes a lot more than one time to go through a treatment facility to get clean,” Fuhr said. “Some of these people may have to go through three, four, five (times), even with alcohol. How many people have gone through an alcohol treatment program multiple times before they're able to get themselves off alcohol? It's no different than with drugs. So the statute allows for them to, as long as they're making a substantial step to go through the program, they will defer or dismiss the charge when they've completed it.”

“I think it’s a good bill,” Fuhr added. “It gives us what we need as far as the criminal (aspect) but it also gives that (reward) for people that say ‘Hey, I want to get clean and I want to go through a program, and in doing that then I can get my case dismissed.’”

The bill is scheduled for executive session in the Senate Law and Justice Committee on Feb. 9 at 8 a.m.

Maycumber is also sponsoring a separate measure designed to fix the Washington State Supreme Court’s 2021 Blake decision, which threw out the state’s drug possession laws and effectively decriminalized illegal drugs.

The legislation adds the word "knowingly" into the statute. If someone "knowingly" has drugs on them or is using them, law enforcement can make an arrest and begin the process of getting the individual the help they need, Maycumber’s release stated.

The bill was referred to the House Community Safety, Justice and Reentry Committee on Jan. 18 but no further action has been taken.

Maycumber’s release said overdose deaths in Washington in 2021 increased by 66% from 2019, according to the Washington State Department of Health, demonstrating a clear need for the legislature to deal with the problem created by the Blake ruling.

Rebecca Pettingill may be reached at rpettingill@columbiabasinherald.com.