OLYMPIA – Although a bill enhancing penalties for possession of hard drugs was approved by the state Legislature during a single day special session, 4th District Senator Mike Padden did not agree with the final version of Senate Bill 5536.
According to a May 16 press release, Padden, believes the negotiated form of SB 5536 that was passed will not be adequately effective. Padden is the ranking Republican on the Senate Law and Justice Committee, and thinks a stronger bill is needed to get offenders and addicts into and through treatment programs.
“Although the bill passed by the Legislature today is an improvement over the terrible law that was passed in 2021 after the Supreme Court’s Blake ruling, I don’t think this ‘Blake fix’ really fixes our state’s growing problem with hard drugs,” said Padden, R-Spokane Valley. “In order for drug offenders to really feel compelled to seek treatment and stay with it, we need to make it a felony again to possess the most dangerous drugs like fentanyl, meth and heroin. The threat of a felony conviction is more likely to persuade a drug offender to undergo treatment than a gross misdemeanor. While I’m glad we were able to pass some sort of law to increase penalties for these drugs, it doesn’t go far enough to be truly effective,”
Looking back a bit, in February 2021, in the state Supreme Court’s decision in State v. Blake, justices ruled Washington’s felony drug-possession ruling was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the Blake ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor.
After the Blake ruling, the Democrat-led Legislature at the time responded with a law that did reduce the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor, but this law expires on July 1. That expiration date raises the urgent need for a new bill, but Padden doesn’t feel the current passage will be adequately helpful.
Senator Padden noted Washington ranks very high nationally in fentanyl-overdose deaths per capita, and the issue is growing more problematic.
According to the press release, the proposal approved by the Legislature would first or second time drug convictions after July 1 would hold a penalty up to 180 days in jail and up to $1,000 fine. For a third conviction, they would face up to 364 days in jail.
“The punishment under this bill is basically a hybrid between a gross misdemeanor and a misdemeanor,” said Padden. “I don’t think that level of punishment will be an effective deterrent for drug offenders.”
The current measure now goes to Governor Jay Inslee.
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