Washington governor calls special session to push drug decriminalization law

Gov. Jay Inslee (D-WA) announced he would call for a special session in the Washington state legislature after the chamber failed to pass a bill decriminalizing the possession of fentanyl and other drugs.

“My office and I have been meeting with legislators from all four caucuses, and I am very optimistic about reaching an agreement that can pass both chambers,” Inslee said in a statement. “Cities and counties are eager to see a statewide policy that balances accountability and treatment, and I believe we can produce a bipartisan bill that does just that. Details are still being negotiated, but caucus leaders share the desire to pass a bill. I believe that starting the clock on May 16 will put us on a path to getting the job done this month.”

The state legislature will discuss revisions to Washington’s state drug possession laws, following a 2021 Supreme Court decision that struck down current laws as unconstitutional.

In a 5-4 decision known as State v. Blake, the divided court found that unintentional illegal drug possession, including of deadly fentanyl, is not a felony. The ruling said the current statute violated the state and federal constitution, “Attaching the harsh penalties of felony conviction, lengthy imprisonment, stigma, and the many collateral consequences that accompany every felony drug conviction to entirely innocent and passive conduct exceeds the legislature’s powers,” according to the ruling.

Seattle police and other agencies halted arresting people for simple drug possession shortly after the verdict.

A temporary law was set shortly after the decision, making small amounts of drug possession a misdemeanor. However, that law will expire this year on July 1, meaning if the legislature fails to pass a bill, Washington will become the second state in the nation, after Oregon, to decriminalize drug possession.

The call for a special session comes after Senate Bill 5536 did not pass in the House on April 23, in a 43-55 vote.

The bill went through several revisions and amendments, aiming to make possession of an unlawful drug a gross misdemeanor, rather than having no law criminalizing possession of hard drugs as enacted by the Supreme Court decision. Making possession a gross misdemeanor would carry a heavier sentence, resulting in a fine of $5,000 and up to one year of jail time.

Fentanyl, a synthetic opiate that has begun to replace heroin, has been responsible for tens of thousands of overdose deaths in the country. On Wednesday, U.S. News and World Report reported deaths from the drug had nearly quadrupled in five years.

Between 2016 and 2021, deaths involving fentanyl rose from 6 per 100,000 people to 22 per 100,000, according to the Centers for Disease Control and Prevention.

Some Republican lawmakers who opposed the Supreme Court ruling believe SB 5536 still did not impose strict enough policies.

“House Republicans remain committed to passing statewide legislation that provides opportunities for those who are willing to undergo treatment and accountability for those who aren’t,” ranking Minority Leader Drew Stokesbary said in a press release. “However, we will not support a bill that falls short of either of these goals and simultaneously prevents local governments from enacting their own solutions.”

Inslee, the longest-serving current governor in the United States, declared on Monday that he would not be seeking a fourth term in office, clearing the 2024 gubernatorial race.

Special sessions are 30-day periods; however, Inslee’s office said they believe the legislature can process a new law within several days if they can come to an agreement.

“Since the regular session adjourned, House Republican leaders have remained engaged in substantive, bipartisan, and bicameral conversations regarding how to incorporate our caucus’s priorities into new legislation that could be passed during a special session,” Stokesbary said. “The governor’s announcement today doesn’t change our involvement in finding a solution.”

* Article From: The Washington Examiner