Tackling the Opioid Crisis: Washington State's Legislative Response
Washington State’s Department of Health reported an alarming 805 overdose deaths and 1,228 overdose hospitalizations in just the last quarter of 2022.
The 2021 State v. Blake decision by Washington State's Supreme Court declared Washington’s felony drug possession law unconstitutional for not including an intent element, which requires that individuals engaged in illegal conduct knowingly. This led to a temporary decree that essentially decriminalized hard drug possession, leading to a period of increased substance abuse. The temporary law was set to expire last summer, potentially resulting in full decriminalization. In response, legislative efforts were made to enact a "Blake fix" (SB 5476), downgrading knowing possession of hard drugs to a gross misdemeanor and emphasizing diversion into treatment as an alternative.
In this time, the destructive impact of addiction spread through our communities. Families are left mourning loved ones who have passed or are struggling to help those who are stuck in the unrelenting cycle of addiction and substance abuse. Furthermore, the increase in homelessness and crime linked to drug use stresses the urgency of finding comprehensive solutions. In response to this alarming situation, the Legislature is reviewing several bills intended to tackle the opioid crisis.
Several bills are currently pending in Olympia, establishing a head-on approach to address the opioid crisis on multiple fronts.
HB 1956 and SB 5923: These bills propose that school districts incorporate fentanyl and other substance use prevention education into their curriculum. By arming students with knowledge about the dangers of these substances, the legislation seeks to prevent the start of drug use and raise awareness about the risks associated with opioids.
HB 2029 and SB 5804: Focused on high schools, these bills advocate for schools to maintain an on-hand supply of overdose reversal medication. Additionally, they call for the adoption of policies that allow school staff to administer this medication to students in emergency situations. This proactive approach aims to save lives by ensuring timely intervention in cases of overdose within the school setting.
SB 5906: Senate Bill 5906 proposes a comprehensive statewide drug overdose prevention and education campaign. The campaign would distribute information to the public about the dangers of methamphetamines, fentanyl, and other opioids. Moreover, it could include messaging focused on addiction prevention, resources for addiction treatment, and information on legal immunity for those seeking medical assistance in drug overdose situations.
HB 2002: House Bill 2002 addresses the public health and safety aspect of the opioid crisis. It proposes criminal penalties for the intentional burning or exhaling of smoke from fentanyl or methamphetamine in a public space in the presence of another person. The severity of the penalties escalates if the other person is under the age of 13, reflecting the legislation's commitment to protecting the youth.
Local elected official Marcia Kelbon, currently serving as Quilcene Fire Commissioner and running for the Washington State Senate, asserts that the current "fix" is inadequate. Kelbon, who summarized the bills discussed above, proposes that additional steps must be taken toward a holistic remedy. She advocates for restoring felony status, particularly for repeat offenders, to give law enforcement a stronger tool in encouraging treatment as an alternative to imprisonment. In turn, she suggests that those convicted who did not participate in other felony criminal activity, who have served their sentence, and who demonstrate post-release sobriety for longer than a year should be eligible to have their record expunged.
Emphasizing the need for a holistic remedy, Kelbon stresses the importance of sufficient community addiction recovery centers and the restoration of effective in-patient and out-patient mental health treatment facilities. Recognizing the interconnection of drug abuse and mental illness, she argues that addressing both aspects is essential. Furthermore, Kelbon advocates for increased penalties for those distributing illicit substances within communities and highlights the necessity of national-level steps to limit the influx of these drugs.
The opioid crisis in Washington State demands a comprehensive and coordinated response, and the pending legislative bills in Olympia signal a step in the right direction. By prioritizing education, overdose reversal measures, public awareness campaigns, and legal consequences for public drug use, these initiatives aim to address the root causes of the crisis and provide support for those affected. But local politician Marcia Kelbon suggests additional measures to reinstate felony status for repeat offenders and expunge records for those demonstrating post-release sobriety. She emphasizes the necessity of sufficient addiction recovery centers, mental health facilities, heightened penalties for drug distributors, and national-level efforts to control drug influx. As the community rallies behind these legislative efforts, there is hope for a future where the devastating impact of opioids is lessened, and individuals struggling with addiction find a path toward recovery.