OLYMPIA, Wash. — In the early hours of Wednesday morning, state House lawmakers passed a bill that would make drug possession a misdemeanor offense, with an emphasis on treatment.
An amended version of Senate Bill 5536 passed with a 54-41 vote in the House. The bill that passed the House differs from the Senate's version that passed in March, which would have made drug possession a more serious gross misdemeanor charge.
A gross misdemeanor carries a potential maximum sentence of 364 days in jail, a $5,000 fine, or both. A simple misdemeanor, on the other hand, is punishable by up to 90 days in jail and a fine of up to $1,000.
The version passed out of the House also would establish a pretrial diversion program for people charged with possession. The diversion would determine if the person required treatment and services, or if not would sentence them to up to 120 hours of community service.
“We need to address the root causes of the substance use disorder (SUD) crisis as well as the problems that it creates in our communities,” said Rep. Jamila Taylor, D-Federal Way, in a statement. “We are facing an epic public crisis that requires a complex response that involves the community, the behavioral health system, law enforcement, and the courts.
“We can do better," said Rep. Gina Mosbrucker, R-Goldendale. "We had an agreement between three of the four caucuses that would have provided better legislation to address our state's drug possession issue. Now we have legislation passing from House Democrats that doesn't truly address the heart of the issue and help those fighting addiction."
The bill now must go back to the Senate and be debated as the 2023 legislative session winds down, ending on April 23.
Steven Strachan, Executive Director of the Washington Association of Sheriffs and Police Chiefs said the law enforcement officials prefer the Senate version.
“We think the House version, with a misdemeanor penalty, is going to result in more people taking those few days in jail… far fewer people getting treatment. It’s the wrong direction,” said Strachan.