Tag Archives: Blake decision

STATEMENT: Republican leader cautious about drug-law ‘special’ session

CENTRALIA… State lawmakers have been called into a special session to continue work toward a new state law on the possession of controlled substances, after failing to come to an agreement before the regular legislative session ended April 23.

Senate Republican Leader John Braun offered this comment following Gov. Jay Inslee’s proclamation that the Legislature will reconvene May 16.

“The governor had indicated he would not call a special session until legislative leaders reached an agreement that is worth bringing in front of each chamber. To be clear, we’re not to that point yet, although there have been productive bipartisan discussions over the past week. In that sense his announcement today was unexpected.

“Republicans worked in good faith throughout the regular session toward a new law that will give drug offenders more incentive to enter and complete treatment. We remain committed to that. While I am hopeful for a better outcome this next time around, there is also reason to be cautious. The House Democrats will need to demonstrate a combination of bipartisanship and leadership that was missing during the 105 days of the regular session – especially at the end, when they failed to pass a proposal that was still far from reasonable, and Democrats from all corners falsely claimed that failure was somehow the fault of Republicans, even though we are in the minority.

“All along, Republicans have insisted on a new drug-possession policy that truly works for the stakeholders – law enforcement, the criminal-justice system, and local governments. They need more leverage to save lives, lift people out of the despair that goes with being addicted to drugs like fentanyl, and also reclaim our streets and sidewalks. That’s still the right path for the upcoming special session. We must do better.”

STATEMENT: Republican leader encouraged by Senate passage of bill to strengthen drug-possession law

OLYMPIA… Little more than two years after the landmark State v. Blake court decision, a bipartisan majority of state senators today approved legislation that would make possession and use of hard drugs a gross misdemeanor, and significantly restore the legal leverage that can compel people to seek and complete substance-use treatment.

Senate Republican Leader John Braun offered this statement following the 28 – 21 vote on Senate Bill 5536:

“The Senate passed a similar bill in 2021 but faltered when negotiating a compromise with the House. The much-weaker law that resulted took our state down a disastrous path that has destroyed countless lives and caused great harm in many communities.

“While there is still room for improvement, the legislation passed today is actually better than the first Blake bill that came out of the Senate two years ago. Charging drug possession as a gross misdemeanor is the same, but this carries the added leverage of a minimum sentence and is more detailed about how treatment services would be provided.

“Let’s be clear, however, that while this is a more thoughtful and responsive approach, it absolutely does not justify the two years we were forced to wait to reach this point. The experiment with decriminalization has been a mistake all along, and many of us made that argument from the start. If the Senate had held firm on the gross-misdemeanor penalty in 2021, think of the pain and suffering that could have been prevented, and how the streets and rights-of-way in our communities might look different today. The better policy regarding treatment services could have been added later, as a stand-alone bill.

“SB 5536 was refined with amendments at every stop on the path to this vote – by one committee, then a second, and today on the floor of the Senate. This is how to deal with challenging policy questions – be open-minded and allow legislators to offer and talk through ideas for improvement. The priority now is to avoid a repeat of 2021, and make sure this good policy proposal doesn’t get weakened before it reaches the governor. We must do better this time.”

The Blake ruling, issued Feb. 25, 2021, found Washington’s felony drug-possession law to be unconstitutional. Republicans have consistently been critical of the Blake response adopted during the 2021 legislative session, which effectively decriminalized the possession and use of drugs like heroin and methamphetamine. It required first- and second-time offenders to be referred to treatment services instead of jail. Subsequent offenses could be charged only as a misdemeanor.