The Washington State House of Representatives on Tuesday night passed an amended version of Senate Bill 5536, updating Washington’s statute for possession of controlled substances and creating a comprehensive system of outreach, treatmentand recovery services. The bill is the Legislature’s proposal to address the 2021 Washington Supreme Court Blake decision, which found Washington’s strict liability law for drug possession unconstitutional.

Following that ruling, the Legislature declined to return to a felony-for-possession model, instead choosing to build a system focused on access to treatment and recovery. That bill set the penalty for possession at a simple misdemeanor with two required pre-arrest referrals to services. SB 5536 retains a simple misdemeanor as the sentence for possession, drops the pre-arrest referrals to services, but adds a requirement for pre-trial diversion if a person is arrested solely for possession. The bill passed the House Tuesday night with a bipartisan vote of 54-41.

According to a news release issued by the Washington House Democrats, SB 5536 establishes a pretrial diversion program for persons charged with possession. A defendant would be referred to an applicable program that would perform a biopsychosocial assessment. Based on that assessment, the defendant would either be referred to treatment and services or — if it was determined they didn’t need services — be sentenced to up to 120 hours of community service. The defendant would then have their charges dropped if they substantially complied with treatment and services for six months or completed their community service. The bill also creates post-conviction probation that will suspend a sentence as long as a person completes a biopsychosocial assessment and substantially complies with recommended treatment and services or submits evidence of completed community service.

“When we provide access to quality outreach, treatment, and recovery support services, recovery is not only possible, but probable” said 32nd District Rep. Lauren Davis, a Democrat who represents residents in Edmonds, Lynnwood and Mountlake Terrace. “Substance use disorder is a chronic, progressive, relapsing disease that must be treated with a chronic care model. This bill builds on our statewide investments in providing meaningful, evidence-based pathways to recovery for individuals in active addiction. This legislation recognizes that recovery is born of hope and meaningful connection.”

The bill also addresses the collateral consequences that a conviction can have on a person’s housing, employment, and educational opportunities, by requiring the automatic vacation of any possession conviction if a person spends two years in the community without a subsequent arrest, charge or conviction.

Recognizing the need for expanded treatment options and programs in every part of the state, the bill takes several steps to ensure that there is an adequate supply of both providers and facilities. It creates a grant program to fund educational and employment opportunities for people recovering from SUD. Additionally, it cuts red tape related to siting of treatment facilities. It also requires the state’s Health Care Authority (HCA) to fund the establishment of an adequate number of recovery residences across the state and exempts them from property taxes through 2033. The Recovery Navigator Program, which was established in the 2021 bill, is expanded. HCA is also directed to develop payment structures for health engagement hubs to serve as all-in-one locations where a person who uses drugs can access a range of services including high-quality medical treatment like wound care, harm reduction supplies, referrals or access to methadone, and linkages to housing, treatment, and transportation services.

SB 5536 passed the Senate on March 3 with a bipartisan vote of 28-21. Because the bill was amended in the House, it now heads back to the Senate for concurrence.