| WASHINGTON’S CRIMINAL STATUTE REGARDING DRUG POSSESSION BEFORE STATE V. BLAKE |
- Before the Blake decision, drug possession for one’s own use was a felony that carried a standard sentence range of 0-6 months for the first three offenses (assuming no other criminal history points)
- The standard range sentences topped out at 24 months regardless of how many criminal history points one had
- An exceptional sentence could be as long as 5 years
- Some cities and counties also offered diversion options, leading to justice by geography, where you could get help in one place, but punished in others
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| STATE V. BLAKE AND LEGISLATIVE ACTIONS IN 2021 |
- On Feb. 25, 2021, the Washington Supreme Court struck down the state’s main drug possession crime in a case called State v. Blake
- This ruling meant there was no state law making simple possession of drugs a crime unless the Washington state Legislature recriminalized it
- The Legislature discussed an approach that focused on building a public health-centered approach to address drug use with HB 1499 (2021)
- The Legislature later rejected HB 1499 and instead recriminalized possession via ESB 5476
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| WHAT’S CURRENTLY IN PLACE |
- ESB 5476 (2021) made possession crimes misdemeanors with mandatory diversion to services for at least the first two occasions
- The misdemeanor penalty and diversion requirements in SB 5476 expire on July 1, 2023
- If the Legislature takes no action before then, the law will revert to its status after the Blake decision, with no criminal penalty for simple drug possession
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| RECOMMENDATIONS FOR THIS SESSION |
- ESB 5476 also created the Substance Use Recovery Services Advisory Committee (SURSAC)
- SURSAC was tasked with making recommendations for how best to help individuals with substance use disorders access services
- SURSAC released its final plan Jan. 11, 2023, which included recommendations to decriminalize possession, create a safe supply working group, and expand access to recovery services
- SB 5624 (2023) would enact these recommendations
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WHERE THINGS STAND AFTER
2023 SESSION |
- The Legislature did not pass a law addressing drug possession
- On July 1, 2023, the current misdemeanor criminal penalty expires
- Drug possession would no longer be a crime after July 1, but drug manufacture and distribution would remain felonies
- Police could still seize illicit drugs under existing state law
- The Legislature could take up the issue again in January 2024
- The governor could also call a 30-day special session to revisit this issue prior to July 1
- Cities and counties could adopt local ordinances addressing drug possession
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