Lawmakers Consider New Drug Possession Statute For Washington

OLYMPIA, WA — State legislators are considering a new legal framework for drug possession, one month after the state's highest court struck down Washington's felony drug statute. In February, the Washington State Supreme Court ruled 5-4 that the state's "strict liability" statute was overreaching and did not require prosecutors to establish intent to sell or use drugs. The high court's decision effectively decriminalized the possession of all controlled substances.

On March 23, state Sen. Manka Dhingra (D-Redmond) introduced Senate Bill 5476, which would restore some prohibitions while adopting a "treatment first" approach over legal penalties.

"All you have to do is look around to see that the war on drugs has failed," Dhingra said. "The punishment-first approach has meant that people are not getting the treatment they need and are not able to manage their disorder and build the leaves they want to lead."

Dhingra's bill would bar the public use of controlled substances and possession by minors. For adults, possession of large amounts of illicit drugs would be a class C felony, while having only a small amount would prompt a referral to one of the state's forensic navigators, tasked with connecting people to treatment options and social services.

"We know from decades of experience that simply locking people away for substance use disorder helps no one," Dhingra said. "It doesn't help people who need treatment, and it doesn't keep communities safe. What does help is providing people access to treatment."

Senate Democrats said the threshold for what is considered personal use would mirror those recently set in Oregon, where voters approved a sweeping drug decriminalization measure last year.

If Washington lawmakers approve Dhingra's bill, police would not be allowed to detain people for having a small amount of drugs and instead would have the option to refer them for services. Dhingra's office said the policy is similar to diversionary programs, like LEAD, already in place in many cities, which prioritize treatment over incarceration.

"For 27 years, Washington state has been transitioning our response to substance use disorder away from failed policies of the way on drugs and toward a treatment-first, public health approach," Dhingra said. "This bill is the next logical step in that direction."

State lawmakers have just over a month to work through their remaining list of priorities before this year's legislative session adjourns on April 25.