WA Governor aims to decriminalize fentanyl possession.

Washington Governor Calls Special Session to Push Drug Decriminalization Law

Washington Governor Jay Inslee has announced a special session in the state legislature to push for the decriminalization of drug possession, including fentanyl. The move comes after the chamber failed to pass a bill on the issue, and follows a 2021 Supreme Court decision that struck down current laws as unconstitutional.

Details of the Special Session

Inslee has expressed optimism about reaching an agreement that can pass both chambers, saying that cities and counties are eager to see a statewide policy that balances accountability and treatment. Caucus leaders share the desire to pass a bill, and the governor believes that starting the clock on May 16 will put the state on a path to getting the job done this month.

The Supreme Court Decision

The 2021 Supreme Court decision, known as State v. Blake, found that unintentional illegal drug possession, including of deadly fentanyl, is not a felony. The ruling said the current statute violated the state and federal constitution, and Seattle police and other agencies halted arresting people for simple drug possession shortly after the verdict. A temporary law was set shortly after the decision, making small amounts of drug possession a misdemeanor. However, that law will expire this year on July 1, meaning if the legislature fails to pass a bill, Washington will become the second state in the nation, after Oregon, to decriminalize drug possession.

The Call for a Special Session

The call for a special session comes after Senate Bill 5536 did not pass in the House on April 23, in a 43-55 vote. The bill aimed to make possession of an unlawful drug a gross misdemeanor, rather than having no law criminalizing possession of hard drugs as enacted by the Supreme Court decision. Some Republican lawmakers who opposed the Supreme Court ruling believe SB 5536 still did not impose strict enough policies.

The Need for Action

Fentanyl, a synthetic opiate that has begun to replace heroin, has been responsible for tens of thousands of overdose deaths in the country. Deaths from the drug had nearly quadrupled in five years, according to U.S. News and World Report. Between 2016 and 2021, deaths involving fentanyl rose from 6 per 100,000 people to 22 per 100,000, according to the Centers for Disease Control and Prevention.

The Governor’s Decision

Inslee, the longest-serving current governor in the United States, declared on Monday that he would not be seeking a fourth term in office, clearing the 2024 gubernatorial race. Special sessions are 30-day periods; however, Inslee’s office said they believe the legislature can process a new law within several days if they can come to an agreement.

Conclusion

The need for action on drug decriminalization in Washington state is urgent, and Governor Inslee’s decision to call a special session is a step in the right direction. With the support of legislators from all four caucuses, there is hope that a bipartisan bill can be passed that balances accountability and treatment, and helps to address the devastating impact of fentanyl and other drugs on communities across the state.