WA legislators must get back to work. Drug law needs statewide fix and it can’t wait | Opinion

We know state legislators are glad to finally be home, but they ended the 105-day session without finishing the job.

They need to get back to it as soon as possible because the loose end they’ve left dangling will unravel a major piece of the criminal justice system if they don’t soon tie it up.

Lawmakers knew at the start that one of their top priorities would be fixing a stop-gap drug possession law set to expire July 1, but they unfortunately let the issue go until the final hours of the legislative session Sunday night.

In the end, the House couldn’t agree to the negotiated Senate version and time ran out.

A legislative fix cannot wait until next year when lawmakers gather again. It is imperative that Gov. Jay Inslee call a special session so legislators can set things right.

Otherwise, Washington state will be left with an unworkable and confusing patchwork of drug laws that are different in every city and county.

Kennewick Police Chief Chris Guerrero told the Tri-City Herald that he and other law enforcement officers encourage a special session. Without a statewide drug possession law, there are too many questions — including how the state would fund treatment for addicts.

“We need something on the books,” he said.

This situation began two years ago when the state Supreme Court’s Blake decision ruled that Washington’s strict drug possession law was unconstitutional. At the time, citizens could be convicted even if they didn’t know they were carrying drugs.

It was a landmark ruling that essentially legalized simple drug possession regardless of the type of drug or the amount. Since that extreme was unacceptable, the Legislature approved a short-term measure that required law enforcement to refer people to treatment the first two times they were caught with drugs. After that, they could be arrested and charged with a misdemeanor.

While the idea of getting people into treatment instead of jail is admirable, most addicts aren’t going to get help on their own with just a talking-to.

It’s often the harsher consequences that lead them to recovery.

In addition, not all law enforcement agencies use the same software system so tracking who has been given a referral in one city doesn’t necessarily show up in another.

That means someone could be encouraged multiple times to seek treatment before getting arrested if they move from town to town.

To combat this ineffective approach, many communities throughout the state — including Kennewick and Richland — adopted their own, tougher drug possession law because the state stop-gap law wasn’t working. These local laws allow police to charge people right away with a misdemeanor if they get caught with drugs.

Pasco city officials had decided to wait and see what the Legislature did this year. Now, however, they are considering following Kennewick and Richland and passing their own drug possession law.

Chief Guerrero said he felt that the Senate bill was balanced and a good compromise. The Washington Association of Sheriffs and Police Chiefs (WASPC) also is on the record supporting the Senate version.

But then the bill went to the House, which added amendments to ESSB 5536 that WASPC could not support.

The concern with the House’s version is that the bill “reduces incentives for treatment, reduces accountability for those who refuse treatment, and preempts local responses to paraphernalia and public use. We are concerned that people may opt for a few days in jail rather than complete the required treatment.”

There were 15 progressive Democrats in the House who didn’t agree that drug possession should be bumped up to a gross misdemeanor, and the 40-member Republican House caucus didn’t like that the bill wouldn’t make sure people finish treatment.

Caucus leaders need to get a proposal that will be acceptable to a majority of legislators so when they return to discuss the issue they can vote quickly and return home.

Adjourning without fixing this one, critical drug possession law doesn’t have to be a failure. There’s time still to pass a workable and acceptable version before July 1.