With only hours left before the end of the 2023 legislative session on Sunday, the state House rejected Senate Bill 5536, which would have addressed Washington state’s drug possession laws after the state Supreme Court ruled them unconstitutional in its 2021 State v. Blake decision.
In February 2021, the Washington state Supreme Court struck down the state’s felony drug possession statute as unconstitutional because it criminalized possession even when a person did not knowingly have drugs. Shortly after, the Legislature passed Senate Bill 5476, which reduced the penalty for possessing drugs to a misdemeanor and will expire on July 1. Should no legislation be passed, there will be no statewide criminal penalty for drug possession beginning on July 1.
SB 5536, which had been developed in a conference committee, a committee composed of members of both the state Senate and House, failed by a vote of 43 to 55, with 15 Democrats joining all 40 Republicans in voting no.
The conference committee bill would have provided for a gross misdemeanor, punishable with a maximum sentence of 364 days in jail and a fine of up to $5,000. The bill also would have provided a diversion process that would not have required individuals to stipulate to facts, meaning the ability to prosecute for a gross misdemeanor could be impacted for those who don’t comply with diversion. It would have also prohibited local governments from passing restrictions on drug paraphernalia.
After the bill’s failure, Republican legislators argued the bill didn’t adequately address the issue of drug possession.
In a statement released after the session ended on Sunday, state Senate Republican Leader John Braun, R-Centralia, who voted for a drug possession bill earlier in the session, criticized Democrats in the state House, claiming they had failed to work with the Senate to pass legislation.
“In the Senate we worked hard to craft a bill that would not only work for law enforcement and our courts and local governments but would also gain enough bipartisan support. We sent that very reasonable and responsible approach to the House, and the majority Democrats said no. They wanted a weaker version closer to the failed law that’s been in place for two years,” Braun said.
According to Braun, Senators had tried multiple times in recent days to develop a compromise with members of the state House, but were rebuffed by House Democratic leaders. He also said House Democratic leaders had refused to follow the lead of the Senate and work with their House Republican colleagues to develop a compromise.
State Rep. Gina Mosbrucker, R-Goldendale, the top Republican on the House Community Safety, Justice and Reentry Committee, spent many days negotiating to develop a proposal.
"We had an agreement with reasonable amendments from three of the four caucuses for a stronger bill that would have had enough votes to pass both chambers,” Mosbrucker said in a statement on Sunday. “However, the majority party decided on the last day on a conference bill that they couldn't even get enough of their own votes to pass.”
Southwest Washington state Reps. Jim Walsh, R-Aberdeen, and Peter Abbarno, R-Centralia, both criticized Senate Bill 5536 for what they view as a failure to adequately address a drug problem.
"SB 5536 was supposed to be a 'fix' to the Washington State Supreme Court's Blake decision, which effectively decriminalized possession of hard drugs like heroin, methamphetamine and fentanyl. That decision is a big reason that fentanyl has become such a problem in this state. But SB 5536 didn't actually fix the problem,” Walsh said.
Abbarno made similar criticisms of the bill, which he called a “flawed effort” to pass new drug possession laws.
"Drug abuse, addiction and the rise in crime are serious issues in communities across Washington state," Abbarno said. "The proposal brought forth by House Democrats did not represent my values, the values of my community, or the values of the state of Washington.”
The 2023 legislative session adjourned at 10:03 p.m. on Sunday. Shortly afterwards, Gov. Jay Inslee said during a press conference he may call a special session before July 1 to pass a drug possession law.
