The Senate in Washington State replaced a drug decriminalization bill with a dramatically revised version. In the revised version it will reinstate criminal penalties for drug possession. They approved this revised version on Thursday, sending it to the House.

Now that the Senate gutted and passed this revised version it is up to the House to approve more revisions, approve it as is, or send lawmakers into a possible shutdown. Progressive Democrats in the House of Representatives have stated that they will not vote for legislation that returns the state to a criminal war on drugs.

Following the Supreme Court ruling that overturned prohibition in February. Washington has been without a law against drug possession. Lawmakers are attempting to address the decision before the legislative session ends on April 25.

Due to the Supreme Court decision, all drug arrests and prosecutions across the state have halted.

Original vs. Amended Bill

On Thursday, the original bill proposed would have left drug possession decriminalized. Now with the amended version, it will reinstate penalties for drug possession. Making possession a gross misdemeanor, a crime that will be punishable by up to a year in jail and a $5,000 fine. This change led the lead sponsor of the bill to vote against the measure.

Senators passed the amended version, SB 5476, on a 28-20-1 vote. It is scheduled in the House for an initial hearing in the Appropriations Committee on Monday. Depending on that hearing, it will be slated for possible committee action on Wednesday, April 21.

The Senate-passed bill as amended requires prosecutors to divert people for first and second-time possession charges to evaluation and treatment programs. It will allow for the possibility of further diversions with a prosecutor’s approval.

But the original bill represented a more significant shift away from the war on drugs. In the original form, it would have imposed no penalties for possession of small personal use amounts of drugs. Instead, it would route people to evaluation and treatment services.

Statements from Legislators

“The way we are doing this, I’m glad there’ll be opportunities for diversion, but it needs to be not through the criminal justice system,” original sponsor, Sen. Manka Dhingra (D) said during floor debate. “I understand this is my bill, I understand my name is on there, but I will be voting no on this today.”

Many senators weighed in on the bill during the debate, saying that it was important that the legislature pass something before the session ends. Due to the impact of February’s Supreme Court decision, State v. Blake.

In a statement from Senate Majority Leader Andy Billig (D), he said that not passing a state law on drug possession “means a patchwork of local ordinances that will be confusing to Washingtonians and won’t provide equal justice across the state”.

Generally, state drug laws preempt those of Washington’s cities and counties. Without a state law against possession, localities can establish their own laws and penalties. Some have already begun doing so, since the court decision back in February.

“The bill we passed today is not the final word on the subject,” Billig said. “It is a compromise that keeps this important legislation moving so that we can do our duty as the representatives of the people of our whole state”.

House of Representatives

House Representatives have indicated more openness to leaving drug possession decriminalized this session. Lawmakers in favor of broader drug reform introduced a new bill on Thursday, HB 1578.

This bill will expand treatment and recovery services. It will reclassify low-level possession as a civil infraction, punishable by a fine of up to $125 and no possibility of jail time. Unfortunately, this bill’s path forward is uncertain. It would need to pass both chambers of the legislature in less than two weeks.

On the other hand, it is unclear how the House will receive the Senate-passed bill, in its new form. Members of the Democratic caucus have stated that they will not vote for legislation that aims to reinstate penalties for drug possession. But it is unknown if they will be able to gather enough support to pass a decriminalization measure in time.

If House lawmakers also amend the Senate-passed bill before passing it. The legislation will need to go to a conference committee. In this committee, members of both chambers would need to figure out the differences in the two versions of the bills and come to an agreement.

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