SEATTLE — After voting down a invoice final month to maintain drug possession unlawful and enhance providers for folks battling dependancy, Washington lawmakers are coming into a particular legislative session to discover a compromise earlier than a brief regulation retaining the possession of small quantities of medication outlawed expires.

If a brand new regulation is just not handed, Washington would develop into the second state within the U.S., after Oregon, to decriminalize possession of personal-use quantities of medication, at the same time as extensively obtainable and low cost fentanyl worsens an opioid disaster outlined by open drug use and hovering overdose deaths.

Here’s what to know concerning the disaster.

HOW WE GOT HERE

The Washington Supreme Court in 2021 struck down a state regulation making drug possession a felony. It was unconstitutional, the court docket mentioned, as a result of it didn't require prosecutors to show that somebody knowingly had the medication. Washington was the one state within the nation with out that requirement.

In response, lawmakers handed a brief measure giving themselves two years to construct a long-term coverage.

WHAT THE LAW SAYS NOW

That momentary measure made intentional drug possession a misdemeanor and required police to refer offenders to analysis or remedy for his or her first two offenses. There was no apparent manner, nevertheless, for officers to trace what number of occasions somebody had been referred, and availability of remedy remained insufficient.

WHEN DOES IT EXPIRE?

July 1, 2023.

WHAT HAPPENED IN THIS YEAR’S SESSION

As this yr’s session ended late final month, Senate Bill 5536 - billed as a compromise - was voted down within the Democratic-controlled House, 55-43.

WHAT THAT BILL SAID

The regulation would have finished the next:

- Increased potential penalties for drug possession, making it a gross misdemeanor punishable by as much as a yr in jail, slightly than a misdemeanor punishable by as much as 90 days.

- Eliminated the requirement that police refer an individual for remedy slightly than prosecution for the primary two offenses. Officers may then arrest somebody for a primary offense, whereas additionally encouraging police and prosecutors to divert instances.

- Allowed judges to impose jail time for individuals who refuse remedy or repeatedly fail to conform.

- Made clear that public well being employees couldn't be prosecuted for giving out drug paraphernalia, similar to clear glass tubes for smoking fentanyl.

- Included funding for drug disaster facilities; a pilot program for entry to scrub drug paraphernalia and different providers; and extra entry to withdrawal medicine in jails and prisons.

WHAT’S THE CURRENT CONFLICT?

Many liberal Democrats have objected to criminalizing medication, whereas conservative Democrats and Republicans insisted on a risk of jail to offer incentive for folks to enter remedy.

Democrat and Republican lawmakers agree on the necessity to improve providers, however Republicans felt the invoice didn’t present sufficient accountability for offenders and would preempt native bans on drug paraphernalia, amongst different issues.

WHAT ARE LAWMAKERS DOING?

The particular legislative session starting Tuesday provides lawmakers one other likelihood to achieve an settlement.

If a brand new measure is just not handed earlier than the momentary drug regulation expires, cities and counties can be free to undertake their very own approaches, making a patchwork of legal guidelines that would undermine efforts to deal with dependancy as a public well being concern.

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