Washington lawmakers are wrestling with how to write a new law addressing drug possession — and whether to criminally punish offenders, or focus instead on providing them treatment.
Washington's law that made simple drug possession a felony, finding the law unconstitutional because it didn't require proof that people knew they had drugs in their possession.
Throughout the state, people with pending drug possession charges were released from jails and their charges dismissed.that labeled drug possession a misdemeanor and mandated that offenders be offered treatment and other diversionary services the first two times they're caught. That law expires on July 1, 2023, so legislators must act this session or else the state reverts back to having no law addressing drug possession.in the state Senate would raise the criminal penalty for drug possession to a gross misdemeanor, while creating a pretrial diversion program that would allow people to have their drug charges dismissed if they go through treatment.
Under the proposal, people already convicted of drug possession could similarly get their convictions vacated by completing treatment.The plan hasn't won over those who want to see drug possession fully decriminalized. That includes the ACLU of Washington, which supportsthat would eliminate criminal penalties for adults who possess small amounts of drugs.
"Hopefully, we can get to a place where substance use disorder is not criminal," Mark Cooke, the ACLU-WA's policy director for Smart Justice, told Axios.
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