Unless Washington leaders take action, illicit drug possession will become legalized at the state level when the current law expires July 1. Senate Bill 5536 proposed a harsher penalty for drug possession: a gross misdemeanor would carry a maximum jail sentence of 364 days in jail, $5,000 in fines, or both. “We cannot accept decriminalization in the middle of a fentanyl crisis,” said Governor Jay Inslee, D-Washington.
The current state law expires in a couple of months, which classifies drug possession as a misdemeanor on the third arrest. There is a maximum sentence of 90 days in jail, up to $1,000 in fines, or both after a third arrest. Drug possession was a felony before 2021 and Washington State’s Supreme Court decision. The governor said the state has needed to reform its drug enforcement and treatment laws ever since.
There was a last-minute rejection of a compromise inside the state Capitol some said stunned Washington leaders on Sunday night. Earlier, the governor expressed encouragement and optimism about the Legislature passing Senate Bill 5536 in which legislators pushed for a combination of both treatment and punishment.
In a 43 to 55 vote, House lawmakers voted the bill down with only a few hours left in the legislative session. Becoming law, it would have encouraged judges to advance treatment over incarceration. A person convicted of drug possession could have their sentence vacated by completing a designated substance use disorder treatment program.
Some thought everyone was onboard. Washington state’s Speaker of the House, Rep. Laurie Jinkins, D-District 27 said she didn’t know that Republicans had concerns about the bill. She was not happy. “The Republicans can say whatever they want about what their intentions are and things like that, but their vote last night is going to legalize the use of Fentanyl and heroin everywhere in the state of Washington,” said Jinkins, an attorney and public health official.
There is hope by the governor to make something better happen. Inslee urged leaders of the chambers to find “enough votes” to pass something that will put statewide criminal penalties in place. Governor Inslee can call lawmakers into a special session if he chooses.
