![]() ![]() If an individual refuses treatment and is convicted, the court may order substance abuse treatment as part of their post-conviction conditions.If the individual completes six months of substantial compliance with treatment, the court must vacate the conviction. As a result, communities will be largely relying on their current legal systems in place, including any diversion programs, therapeutic courts, community courts, and traditional criminal pathways. AWC and other stakeholders believe the pre-trial diversion program as created is not likely functional in most communities due to a lack of resources. The pre-trial diversion program created by the bill requires use of a recovery navigator, an arrest and jail alternative, or a law enforcement assisted diversion program. Establishes a pre-trial diversion program that must be agreed to by the prosecuting attorney in each case.Law enforcement and the prosecuting attorney are encouraged to offer a referral to treatment in lieu of prosecution.Beginning with the third conviction, an individual may be sentenced up to 364 days in jail. Limits the maximum penalty for an individual’s first two convictions to 180 days in jail and a $1,000 fine.Retains the current misdemeanor for legend drugs, which are prescription medications that are not a controlled substance.“Use” is defined as introducing the substance into the human body by injection, inhalation, ingestion or any other means.This covers fentanyl and other opioids, methamphetamine, heroin, cocaine, and other “hard” drugs. Establishes a gross misdemeanor for (1) knowing possession and (2) knowing use, for both a counterfeit substance and a controlled substance. ![]() Much of the new law will be effective on July 1, 2023. The Governor signed the bill last week as well. The bill, SB 5536, passed with bipartisan support: the Senate voted 43-6, and the vote was 83-13 (2 excused) in the House. The purpose of the session was to reach agreement on the so-called “ Blake fix” to permanently address the criminality of drug possession and use in Washington in the wake of the state Supreme Court’s 2021 State v. On Tuesday, May 16, the Legislature convened for the first special session in six years. ![]()
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