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Washington may decriminalize Fentanyl as Democrats fail to pass law.

Washington State Governor Calls Special Session to Prevent Fentanyl Decriminalization

Washington State Governor Jay Inslee has called a special session of the state legislature to prevent fentanyl from being automatically decriminalized. This move comes as deaths continue to soar across the country from the drug, with nearly 70,000 people dying of drug overdoses involving fentanyl in 2021 alone.

The Predicament

Washington State faces this predicament because the state Supreme Court in 2021 struck down Washington’s law making drug possession a felony for being too harsh. At the time, the legislature passed a temporary replacement to the law that made drug possession a misdemeanor, but it’s set to expire this summer.

Last month, on the last day of the regular legislative session, the State House voted by a 55-43 margin against a bill to replace the temporary criminal code on drug possession. Both Democrats and Republicans voted against the bill. Democratic critics of the bill complained that it punishes drug users who need treatment, and Republican critics said it preempts local governments’ ability to regulate drug use.

The Push to Prevent Decriminalization

If lawmakers don’t pass a new bill by July 1st, hard drugs including fentanyl will automatically be decriminalized in the state. The push to prevent decriminalization comes as fentanyl deaths remain a growing problem across the nation. Between 2016 and 2021, deaths that involved fentanyl use rose from 6 per 100,000 people to 22 per 100,000, according to data from the Centers for Disease Control and Prevention.

The Solution

“Cities and counties are eager to see a statewide policy that balances accountability and treatment, and I believe we can produce a bipartisan bill that does just that,” Inslee said in a Tuesday statement. Inslee’s move to reconvene the Democratic-controlled legislature is a last-ditch effort to pass a bill that addresses penalties for drug possession and prevents fentanyl from being decriminalized.

If the legislature fails to reach an agreement on a bill, Washington will become the second state in the country, after Oregon, to decriminalize hard drugs. It’s crucial that lawmakers come together to find a solution that balances accountability and treatment to prevent further deaths from fentanyl use.

Key Takeaways:

  • Washington State Governor Jay Inslee has called a special session of the state legislature to prevent fentanyl from being automatically decriminalized.
  • If lawmakers don’t pass a new bill by July 1st, hard drugs including fentanyl will automatically be decriminalized in the state.
  • Between 2016 and 2021, deaths that involved fentanyl use rose from 6 per 100,000 people to 22 per 100,000, according to data from the Centers for Disease Control and Prevention.
  • It’s crucial that lawmakers come together to find a solution that balances accountability and treatment to prevent further deaths from fentanyl use.


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