If WA legislators don’t fix drug law, kids could legally possess meth. That’s crazy | Editorial

Franklin County Prosecutor Shawn Sant is rightly concerned that Washington state lawmakers have yet to patch up the drug possession law the Supreme Court recently dismantled.

He told the Tri-City Herald that failing to do anything will harm children and adults alike, and that it makes no sense for people under 21 to be banned from drinking alcohol or smoking cigarettes, but that they can legally possess meth, heroin and fentanyl.

This is among the troubling consequences of the Supreme Court ruling last February that determined Washington’s felony drug possession law was unconstitutional.

That’s not to say we think the Supreme Court made the wrong call. It’s just that implications from that landmark decision are far-reaching and concerning, and the Legislature needs to step in and address the fallout before the legislative session ends Sunday.

To do nothing would be a horrifying failure.

The sweeping 5-4 Supreme Court ruling, known as the Blake Decision, was based on the case of Shannon Blake of Spokane who claimed that the jeans she was wearing at the time of her arrest were not hers, and she had no idea there was methamphetamine in one of the pockets. She was charged with felony drug possession anyway.

The Supreme Court decided in favor of Blake, saying it should have been up to prosecutors to prove the defendant knew about the drugs. The ruling essentially now makes it legal for people to possess small amounts of narcotics, and the ramifications are huge.

Past drug possession charges must now be erased and fines that were paid refunded. That could go back decades.

“It’s a mess,” said Benton County Prosecutor Andy Miller. “It’s an accounting nightmare.”

While legislators appear to agree the state needs to act, there is disagreement on whether possession of hard drugs should still be a crime, even if it is a misdemeanor.

Many lawmakers and criminal justice groups say absolutely not.

Attorney General Bob Ferguson sent out a statement saying that, “This is Washington’s moment to overhaul a broken system and end the failed war on drugs. Criminalizing simple drug possession exacerbates racial disparities. Moreover, it continues our failed criminal justice response to a public health challenge. It’s time for a new approach. ... Let’s focus our resources on treatment and protecting the public from serious and violent crime.”

His sentiments are noble, but are they realistic with legislators on the verge of adjourning?

The people who work in the trenches like Sant and Miller want to see some kind of criminal sanction restored. Both say leverage is needed to encourage people to seek treatment. Without a jail sentence hanging over their heads, many people who use drugs won’t feel compelled to seek help.

“Most people need a nudge,” said Miller.

And Sant said, “I have attended many drug court graduations where participants were resistant in the beginning of the program but later celebrated their recovery.”

The best shot at getting some kind of statewide fix right now is SB 5476, which was approved by the Senate last week and is working its way through the House. It would make drug possession a gross misdemeanor, which would give law enforcement officers a reason to intervene.

Miller said there is not going to be a perfect bill this session, but he’ll take SB 5476 because it is better than nothing.

If lawmakers don’t come up with a statewide fix, it’s likely county and city governments will create their own drug possession rules and then we’ll have a crazy quilt of laws that will make everyone confused.

Time is running out.

Lawmakers must come up with some kind of fix they can live with for now, and then return next year to improve the law.

At the very least, legislators must protect the kids, as well as provide a funding source so counties can repay all those previous drug fines.