Bill to ‘fix’ Blake decision passes Wash. Senate committee
In February of 2021, the Washington State Supreme Court ruled in State v. Blake that Washington's felony drug possession law was unconstitutional. As a result, law enforcement has been limited on how it can address drug issues in communities across Washington. A new bill, Senate Bill 5536, seeks to redefine possession issues while improving access to addiction treatment in the state. The photo above shows methamphetamine found in the possession of an Arizona man last year by Adams County Sheriff's Office deputies.
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OLYMPIA - A substitute bill to mend Washington’s drug possession law has passed the Senate Committee on Law and Justice Thursday.
“It’s clear we need a new response to drug possession, one that increases access to substance use treatment and emphasizes care over criminalization,” said the bill’s sponsor, Sen. June Robinson (D-Everett), in a release from the Washington State Democrats. “This bill does just that and is the result of many conversations with community members, law enforcement, local government leaders, behavioral health providers and more. By investing in support systems based in real solutions like treatment, we can – and will – build healthier communities.”
According to the release, Senate Bill 5536 permanently addresses the state Supreme Court’s 2021 State v. Blake ruling.
The ruling struck down the statute that made possession of controlled substances a class C felony and removed any criminal penalties for possession. In response, the Legislature established a simple misdemeanor penalty for knowing possession that same year, but it is set to expire July 1, 2023.
If enacted, SB 5536 would classify knowing possession of a controlled substance or counterfeit controlled substance as a gross rather than a simple misdemeanor, ensure people charged with the offense have access to pretrial diversion programs and provide funding for treatment programs and services, the release stated. A person could also have a conviction vacated after successfully completing treatment.
The bill, sponsored by more than a dozen senators, now heads to the Senate Ways & Means Committee.