OLYMPIA — Washington lawmakers announced a deal Saturday night, as the Legislature sprints toward adjournment, that could increase the penalty for drug possession.
Under a negotiated version of Senate Bill 5536, Washington would raise the penalty for possession of a controlled substance to a gross misdemeanor. Lawmakers are expected to vote on the policy Sunday, the final day of the legislative session.
Current state law, which expires in July, classifies illicit drug possession as a misdemeanor. It was enacted in 2021 as a two-year stopgap after a state Supreme Court decision determined the prior law was unconstitutional because someone could not know they had drugs and still face prosecution. Before 2021, drug possession was a felony.
A misdemeanor comes with a maximum sentence of 90 days in jail or up to $1,000 in fines, or both. A gross misdemeanor carries a maximum jail sentence of 364 days or up to $5,000 in fines, or both.
The criminal penalty reflects what was seen in a version of the bill passed out of the state Senate in early March, which garnered support from a coalition of Democrats and Republicans. The House opted earlier this month to maintain the penalty at a misdemeanor level, supported largely by Democrats, along with a few Republicans.
Democratic lawmakers on the committee announcing the agreement said Saturday night they believe there will be bipartisan support for the legislation.
The bill also puts $271 million toward related spending, including money for treatment, housing and other services to support people with substance use disorder.
"We want to look at this in a comprehensive way so that a person is not cycled into the system, stuck, over and over," said Rep. Jamila Taylor, D-Federal Way. "And that's I think one of the most significant parts of the bill, is that we are trying to give the folks an opportunity to get out of that endless revolving door in the criminal legal system."
