Catch up on what you may have missed from [un]Divided this week.
Midnight madness
Late into the night on Friday, the Washington State Senate finally passed a bill that would make possession of illegal drugs a gross misdemeanor. The bill now goes to the House.
Senate Bill 5536 is a fix for the State Supreme Court’s Blake decision, which nullified the felony drug possession statute. While a temporary fix was put into place after Blake, it is set to expire on July 1 on this year – meaning a permanent fix must be signed into law this session, or possessing drugs like heroin, meth, and cocaine will no longer be a crime in Washington.
If it passes the House and is signed into law by the governor, SB 5536 would make it a gross misdemeanor for anyone to knowingly possess an illegal substance. Prior to jail booking or referring the case to prosecutors, law enforcement is encouraged to offer suspects treatment options. When cases are referred to them, prosecutors would also be encouraged to divert defendants toward treatment. Should cases ultimately wind up in court, the court must advise defendants of the option to participate in pre-trial diversion. Offenders can ultimately have their records expunged after successfully completing treatment.
The bill reads:
The legislature finds that substance use disorders are a public health issue. Solutions must address not only the criminal legal response, but be data-driven, evidence-based, and represent best practices, working directly with people who use drugs to prevent overdose and infectious disease transmission, and improve the physical, mental, and social well-being of those served. The state must follow principles of harm reduction, which means practical strategies aimed at reducing negative consequences associated with drug use. Harm reduction involves safer use of supplies as well as care settings, staffing, and interactions that are person-centered, supportive, and welcoming.
Although it is one of the softer solutions to Blake, chaos broke out within the Democratic caucus on Friday night when it became clear that some Progressive members thought SB 5536 went too far in criminalizing substance abuse and were not inclined to compromise.
One senator told me Democrats retreated into their caucus room for more than two hours as infighting played out. Senator Manka Dhingra, the chair of the Law & Justice committee (who has also played a role in thwarting meaningful progress on the state’s police pursuit policy) was among those pushing back against the bill, arguing that substance abuse should not be a criminal matter.
Eventually, Democrats emerged, and the bill was passed on a bipartisan basis, 28-21, with a majority of the Democratic caucus voting against it – including some members who co-sponsored the original bill.
The following Democratic senators voted against the proposal:
- Senator Manka Dhingra
- Senator Joe Nguyen
- Senator Rebecca Saldana
- Senator Claire Wilson
- Senator Patty Kuderer
- Senator Noel Frame
- Senator Bob Hasegawa
- Senator Lisa Wellman
- Senator T’wina Nobles
- Senator Jamie Pedersen
- Senator Claudia Kauffman
- Senator Derek Stanford
- Senator Yasmin Trudeau
- Senator Javier Valdez
- Senator Liz Lovelett
Several Republican members also voted against the bill for various reasons. Some believe drug possession should remain a felony, others took issue with a section of the bill that has to do with prohibitions on firearm possession for individuals who have a diagnosed substance abuse disorder. The following Republican senators voted against SB 5536:
- Senator Mike Padden
- Senator Ann Rivers
- Senator Mark Schoesler
- Senator Shelly Short
- Senator Jim McCune
- Senator Judy Warnick
The bill will now head to the House where it could undergo changes. Let's hope they don't water it down further. The drug crisis on our streets cannot be solved without some sort of law enforcement component to help incentivize treatment.
Two kids dead in preventable crash
On Friday’s show, we discussed the tragic deaths of two children – 6 and 8 – who were killed by a drunk driver in a head-on collision near Sunnyside, Washington.
The Washington State Patrol says troopers spotted the 20-year-old suspect driving 111 mph down Interstate 90 about an hour before the deadly crash but could not pursue him because of the state’s restrictive law around police chases.
The deaths underscore the remarkable irresponsibly of Democratic leaders in Olympia, who have so far refused to make meaningful changes to the law they championed in 2021. Not only that, but some continue to peddle debunked data to gaslight the public into believing the law is saving innocent lives.
In January, Senator Manka Dhingra said those critical of the law were simply letting emotions get the best of them. I would challenge her to say that to the family of those two children.
In addition to the two deaths, a 5-year-old passenger and the 23-year-old driver of the victim vehicle, who was related to the children, were taken to Harborview Medical Center in Seattle.
If you watch one thing from unDivided this week ...
… make it my interview with Crosscut political reporter Joseph O’Sullivan. On the Wednesday show, we discussed the 15-year effort of state lawmakers to hide records from the people they serve.
Even after a 2018 Washington State Supreme Court decision found that lawmakers are not, in fact, exempt from producing records as part of the Public Records Act, Democrats in Olympia have started claiming “legislative privilege” as a way around the high-court ruling. When the practice was spotlighted at the end of 2022, Democratic leaders in the House and Senate failed to provide a plausible defense of it.
Conveniently, they now deflect questions on the issue by pointing to pending litigation. One wonders why they are so eager to hide things from the people who put them in office.
Housekeeping
None!
Have a great week and thank you for your commitment to giving common sense a comeback!
