Washington lawmakers introduce bill decriminalizing drugs, days after similar Oregon law takes effect

(Jeff J Mitchell/Getty Images)

(OLYMPIA, Wash.) Two Washington lawmakers introduced a bill Thursday in the state House to decriminalize possession of hard drugs, according to Crosscut.

In its opening sentences, the bill makes the case that the system of incarcerating individuals for drug use has failed.

The bill says:

Arrest and incarceration do not treat the root causes of substance use disorder. Treating substance abuse disorder like a crime through arrests and incarceration further disrupts and destabilizes the lives of these individuals. Incarceration removes access to insurance and behavioral health services, places people with opioid use disorder at extraordinary risk of overdose upon release, and creates criminal records that erect long-term barriers to education, housing, and employment, all of which undermine efforts to achieve and maintain recovery.

The introduction of the bill comes only days after a law in neighboring Oregon decriminalizing hard drugs, the first of its kind in the U.S., took effect.

State Rep. Lauren Davis, who sponsored the bill with Rep. Kirsten Harris-Talley, said, "People recover not when we cast them out, but when we bring them in.

State Sen. Joe Nguyen, who supports drug decriminalization, said, "We need a new approach to health and safety."

He added, "There’s a lot of reckoning happening right now to make sure we’re undoing the wrongs of the past.”

The law would differ from Oregon's in notable ways:

• The law would not impose any civil penalties or fines for drug possession. People found with drugs would instead be referred to treatment or recovery programs.
• Unlike Oregon's law, the law wouldn't rely on revenue from legal drugs, like marijuana, to pay for its programs. The sponsors hope to get some funds from the Washington state general fund.
• The law itself doesn't propose possession limits distinguishing between personal and commercial use. It leaves those limits to be determined in a rules-making process after the bill's passage.

It's not clear how much the bill would cost because it hasn't yet undergone financial analysis, but Davis said she plans to propose new taxes on opioid manufacturers and drug companies to raise some of the money. She also suggested money saved from not imprisoning people for drugs could be reinvested into treatment programs.

According to Crosscut, multiple groups are supporting the decriminalization bill, including the Public Defender Association, the American Civil Liberties Union of Washington and VOCAL-WA, which advocates for low-income people and others affected by homelessness, mass incarceration or the War on Drugs.

The bill is expected to be opposed by law enforcement organizations, but Nguyen said he thinks there is momentum to pass the bill in light of 2020's protests for racial justice and Oregon's passing of its decriminalization law.

"Certainly, that is a vote of confidence that this is possible," Nguyen said. 

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