On May 16, the Washington state Legislature will reconvene for a special session after, on the last of a 105-day session, lawmakers failed to pass a bill to amend drug possession laws.
After the state supreme court’s “Blake decision” ruled Washington’s drug possession law unconstitutional in 2021 — because it had no exceptions for people who unknowingly had drugs on them — a temporary rule was passed, categorizing possession as a simple misdemeanor, punishable by up to $1,000 fines, 90 days in jail or both.
If no agreement is reached in the special session, Washington’s current law will expire on July 1, leading to either fixes by cities and counties or the decriminalization of drugs.
Lewis County Prosecutor Jonathan Meyer, in a meeting with the county’s mayors last Friday, encouraged officials to prepare for a lack of consensus by the state. He presented a draft ordinance that would impose gross misdemeanor charges for possession of controlled substances.
“We’ve added the word ‘knowingly.’ So, ‘knowingly possess,’ that’s the only thing that was in the Blake decision,” Meyer said, later adding, “Starting in July, if nothing gets passed, then anybody can possess any drug and there’s really nothing we can do about it. So that’s why we have this local fix ready.”
During the regular session this year, the Senate passed a bill changing possession to a “gross misdemeanor,” a harsher crime with penalties of up to 364 days in prison, $5,000 in fines or both. But, in the House, another simple misdemeanor bill was proposed, garnering “nay” votes from all House Republicans and a chunk of Democrats.
While no formal agreement has been reached, leaders of both parties have stated a desire to reach middle ground. Gov. Jay Inslee told the Associated Press last week local governments across the state were “eager” for a consistent solution that involved the criminal justice system in some manner, adding he believes a bipartisan bill can be passed.
In an interview with The Chronicle shortly after stepping down from his spot as House Minority Leader, Rep. J.T. Wilcox, R-Yelm, said, “I know that the governor has woken up and called all the four corners. … But, I’ve never once seen the governor actually pull anybody together and create a compromise.”
Local lawmakers on Friday expressed a similar lack of confidence in the state’s bipartisan abilities. Meyer said he felt a simple misdemeanor was of “no consequence” to some people’s recovery from substance abuse disorders, but that 364-day maximum sentences allow for treatment plans that monitor a person’s progress. He said the Lewis County Drug Court program has been a “great success” and that he felt the justice system was necessary for those who weren’t helped by family interventions, support from friends or attempts to stop using on their own accord.
“I've talked to multiple people that have had their convictions overturned because of the Blake decision. … They pointed to their convictions as the saving grace for them,” he said, adding, “One lady, who is now a substance use disorder counselor, she talked about (how) she remembered the date and time her door was kicked down by JNET (Joint Narcotics Enforcement Team) serving a warrant. Because that’s the moment that turned her life around.”
Meyer added he’d met with state lawmakers and said if he had to choose between the House version of the bill, with the simple misdemeanor charge, and the state passing nothing, he’d choose nothing. This, he said, would allow the county to create its own harsher policy.
However, he noted, Lewis County’s rule would only apply to unincorporated parts of the area, and cities would be required to make their own rules within city limits.
Before Blake, Meyer said the county processed about 250 felony drug possession cases per year, with the majority of those being referred by Centralia Police Department, Washington State Patrol and the Lewis County Sheriff’s Office.
With the law likely to change to some kind of misdemeanor either through the special session or with local ordinances, the burden will fall on cities’ district courts, which will add strain on city staff, he said. The prosecuting attorney’s office will be able to take misdemeanor charges if they are attached to another felony, he said, but not as standalone charges.
“With Centralia Municipal Court, all the court fees and all those things are going to be changed and shifted over to the municipal courts,” said Centralia Police Chief Stacy Denham, telling the mayors, “If you're not ready for that, you need to be prepared for that. Because that is a huge consideration.”
Meyer said he considered drafting the local ordinance to reinstate the felony charge for possession, but he wasn’t sure the state’s supreme court would allow it. He further said he felt some legislators intended to raise costs and burdens associated with prosecuting possession charges in an effort to decrease criminalization.
Sheriff Rob Snaza said he was very open to working on a collaborative effort with the cities when it came to costs, especially those associated with housing someone in the jail. He added he hopes to see Lewis County serving as a “leader” in Washington’s solution for drug possession charges.
“We're very good in this community about those individuals who have drug addiction issues. Our drug court is very successful,” Snaza said, adding later, “We have systems in place at our jail to help those people get a pathway to success. With that in mind, and if we can have these individuals go to some type of drug court, I think we will see success.”
