Washington state to decriminalize drugs unless lawmakers act, governor calls them back to work

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Washington Gov. Jay Inslee is calling lawmakers back to work after they rejected a bill setting out a new statewide drug policy - a development that has put the state on the brink of decriminalizing possession of fentanyl and other drugs while also depriving it of much-needed investments in public health.

SEATTLE — Washington Gov. Jay Inslee is calling lawmakers back to work after they rejected a bill setting out a new statewide drug policy - a development that has put the state on the brink of decriminalizing possession ofLawmakers adjourned their regular session late last month after voting down a bill that would keep drug possession illegal and boost services for people struggling with addiction.

Lawmakers said Tuesday they were increasingly optimistic they can reach a compromise to avoid those consequences. The Washington Supreme Court in 2021 struck down the state law making drug possession a felony. The court said it was unconstitutional because it did not require prosecutors to prove that someone knowingly had the drugs. Washington was the only state in the country without that requirement.

It also would have eliminated the requirement that police refer a person’s first two offenses for treatment rather than prosecution, enabling officers to arrest someone for a first offense if they thought it appropriate, while also encouraging police and prosecutors to divert cases. Judges could impose jail time for people who refuse treatment or repeatedly fail to comply.

 

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