WASHINGTON-It’s been over two years since someone could be arrested for possession or use of drugs in the state of Washington. Since the Blake Decision in 2021, law enforcement was required only to remove the drugs from the person and destroy it with all paraphernalia.
“It’d go into evidence and get destroyed,” said Casey Schilerpoort of the Yakima County Sheriff’s Office. “We’d tell the person ‘Hey, you really should go get treatment.'”
Washington’s Supreme Court ruled it unconstitutional to arrest or charge someone for simple drug possession. Narcotics paraphernalia and narcotic possession were still arrestable offenses.
Because people were to be stopped and referred to treatment or diversion services twice before charges can be filed, many would travel across jurisdictions where there was no proof of them being stopped before.
“Even that was difficult at best trying to figure out the best way to do it because we have so many deputies to do that with and it’s statewide,” said Schilperoort.
As of July 15, 2023, officers can now arrest people found with drugs, while also encouraging treatment.
Senate Bill 5536 makes the knowing possession of drugs including methamphetamine, opioids, heroin and cocaine prohibited. The possession brings a misdemeanor charge and can result in up to 364 days in jail and a $5,000 fine after the second offense for an individual.
While law enforcement can arrest for drug offenses, the new legislation encourages officers, judges and prosecutors to consider jail time alternatives like diversion and substance use recovery services.
Schilperoort tells me the new legislation is a needed one. Within YCSO, he says there’s a lot of repeat interactions between deputies and drug users and the new laws will allow deputies to help people get help.
“While we like to have the option to make an arrest, we see it more as a way to connect people with services and take them away from the drug scene,” said Schilperoort. “It may be temporary, but it might be the incentive for people with addiction to start drug treatment. Leaving people to die is not compassionate.
“People we save from overdoses don’t usually thank us for saving their lives. They get upset with us that we ruined their high.”
