OLYMPIA — Gov. Jay Inslee signed a bill into law Tuesday afternoon that will raise the penalty for drug possession to a gross misdemeanor and criminalize public drug use.
Earlier in the day during a special legislative session, the House voted 83 to 13 to pass Senate Bill 5536, several hours after the Senate approved the policy 43 to 6. Most of the law's provisions take effect July 1, when the state's current drug possession law expires.
Its passage marks a key moment in the yearslong, thorny battle to figure out how the state's legal system should treat drug possession as the state wrestles with a substance-use crisis. Public drug use would also be a gross misdemeanor under the bill.
In 2021, after a state Supreme Court decision threw out Washington's felony drug possession statute, Washington passed a temporary misdemeanor law.
Inslee had called a special session after lawmakers couldn't find an agreement during the regular legislative session, which ended April 23.
Lawmakers had met in a series of what Rep. Roger Goodman, D-Kirkland, described as "intense" private negotiations.
"This bill represents a tough compromise on a tough issue," said Rep. David Hackney, D-Tukwila, a former prosecutor. "And as Neil Young has sung, I've seen the needle and the damage done."
In a concession to Republicans, the bill would allow cities and counties to make their own rules to regulate entities that provide harm-reduction services, including sterile drug-use supplies.
"I don't think that it's going to solve all our problems," said Senate Republican Leader John Braun, of Centralia, in a speech on the Senate floor. "I think we're going to have challenges ahead, but it's a strong step in the right direction."
Some Republicans urged going back to a felony penalty for drug possession, which had been state law until 2021, when the state Supreme Court overturned the state's drug possession statute because someone could be prosecuted even if they didn't know they had drugs.
Democrats also expressed reservations about criminalizing addiction.
"I think this bill is better, but we've got a long way to go," said Sen. Yasmin Trudeau, D-Tacoma.
A gross misdemeanor falls in between a misdemeanor and a felony in state law, and typically comes with a penalty of up to 364 days in jail and an up to $5,000 fine. However, under the new bill, a person would face a maximum of 180 days in jail for first and second convictions for drug possession. Upon the third conviction, a person would face the higher maximum of 364 days.
The bill would also require the state Department of Health to notify media outlets in the area when the agency is deciding whether to certify or license an opioid treatment program. That provision drew criticism from Rep. Lauren Davis, D-Shoreline, who argued on the House floor that it could be harder for such treatment programs to be established in communities that need them.
The proposal, which was unveiled late Monday, tacks on $19.6 million more in spending than a prior version, for about $62.9 million total. The additions include $9 million toward the Office of Public Defense to provide public defenders in certain areas for people charged with possession or use in a public place.
After the bill passed the Senate, some senators embraced Sen. June Robinson, D-Everett, the main sponsor of the legislation.
