The Washington Legislature needed extra innings to finally come up with a drug possession law that is a true compromise. No side of the issue got everything it wanted, yet all sides got something.
The new law, which replaces one that was to expire July 1, increases the penalty for drug possession from a misdemeanor to a gross misdemeanor. Public drug use also becomes a gross misdemeanor. A key component is diversion. The law grants defendants access to pretrial diversion programs such as drug treatment with buy-in from a prosecutor.
Those who complete a program would avoid possession charges. With Public Health — Seattle & King County reporting 471 fatal overdoses for 2023 as of Wednesday, diversion programs will not only save court time and jail space, but more importantly, lives.
Possession had been a felony before the state Supreme Court’s 2021 Blake decision struck it down.
That decision forced lawmakers to come up with a quick fix. That “fix” was to make drug possession a misdemeanor and give suspects two chances for treatment diversion before they would be arrested for possession. That remedy was cumbersome and tied the hands of prosecutors and police officers when it came to controlling open drug use and sales.
But business owners, especially those in Seattle, complained. Open drug use and sales cost them time and money. It scared away customers and left owners with the task of cleaning up the residue of drug activity from doorways and parking lots.
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