Republican Leaders Discuss Blake Bill Outcome at Close of Legislative Session

Rep. J.T. Wilcox Says Good Statewide Plan Would Be the Best Outcome, Bad Statewide Plan Would Be the Worst, Local Action Could Create ‘Patchwork’ Policies

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In 2021, the state Supreme Court’s decision in State v. Blake found Washington’s felony drug possession law unconstitutional.

Since, the Legislature’s two parties have been in an arm-wrestle over the policy, with Republicans largely arguing law enforcement’s intervention is necessary for substance abuse recovery and Democrats mostly saying criminalization is ineffective and behavioral health treatment should be prioritized. 

In the beginning of the 2023 session, though, leaders of both parties in the House and Senate expressed a desire to find middle ground. House Minority Leader J.T. Wilcox, who stepped down from the leadership role on the final day of session, said the parties “agree that the criminal justice system shouldn’t be the primary way to address addiction. … But it should be part of the solution.”

But he also hesitated, calling ideology around the issue a “trap.”

That same day, Senate Majority Leader Andy Billig, D-Spokane told The Chronicle “There's a consensus in the middle with legislators from both parties. … A productive and effective drug possession law will include the criminal justice system, but really focus on a public health solution.”

While the Senate was able to reach such a consensus and turn out a bipartisan Blake-related bill — which would have allowed charging gross misdemeanors for possession, punishable by up to 364 days in jail — a similar bill in the House failed on the final night of the 105-day session. Some Democrats voted against it, but the entirety of the House Republicans struck it down. 



While there has been talk of a special session to address the issue, the clock is ticking for current legislation, passed after the Blake decision in 2021, which qualified possession as simply a misdemeanor. When that expires in July, local lawmakers will be able to pass their own rules.

Wilcox said this could result in a “patchwork” of policy that changes between cities and counties.

“I think the only path to an agreement is a short special session to pass a statewide solution,” said Senate Minority Leader John Braun, R-Centralia, in an interview with The Chronicle last week. “Republicans, I don't believe, are interested even a little bit if it’s not a good, statewide solution that recognizes the needs of the stakeholders. In the meantime, many local governments are pushing forward with local solutions.”

Of all the options, Wilcox said he felt a “good statewide” solution was the best, a “bad statewide” policy was the worst, and local policies were somewhere in between, though still potentially problematic.

“I know that the governor has woken up and called all the four corners, which don't include me anymore,” Wilcox said, noting Rep. Drew Stokesbary, R-Auburn, would take his place. “But I know that Drew got a call. That's maybe that’s a good thing. But, I’ve never once seen the governor actually pull anybody together and create a compromise.”