In Washington State, drug possession is officially a crime again. This time as a misdemeanor instead of a felony.
It has been almost four months since the state Supreme Court ruled on the State v. Blake case. Striking down Washington’s felony drug possession law as unconstitutional. On Thursday, Governor Jay Inslee (D) signed legislation to recriminalize simple possession as a misdemeanor.
Before signing the legislation, Gov. Inslee did partially veto one section.
The new law takes effect immediately. It reestablishes criminal penalties but requires individuals to be referred to a health evaluation and possible treatment for their first two violations. This will allow them to avoid arrest and a criminal record. It also allocates nearly $100 million for drug use disorder treatment, outreach, and recovery services throughout the state.
On Thursday, during the signing ceremony, Inslee called the legislation “a much more appropriate and successful way to address the needs that underlie drug abuse.”
This legislation will move the system from responding to possession as a felony to focusing on the behavioral health response.
Details of the New Law
One of the new programs will establish a “recovery navigator” program. It is designed to connect people with drug use disorder to multiple care options. Other investments will expand outreach programs and provide funding to expand opioid use disorder medications in jails.
After two years, on July 1, 2023, the new law’s criminal penalty provisions will no longer be in effect. This will again leave Washington without a law against drug possession. However, behavioral health services will remain in place.
The purpose of the expiration date is to bring lawmakers back to the table to renegotiate a path forward after experimenting with the new approach. The expectation is that lawmakers will be even more open to broader reform after they see the benefits of treatment overcriminalization.
Overall, Washington voters are generally supportive of decriminalization. This is according to a statewide poll commissioned by reform advocates and released last month. Three in four voters said the state’s approach to problematic drug use has been a failure. Only nine percent called it a success.
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