SENATE BILL REPORT
SB 5290
As of January 26, 2025
Title: An act relating to allowing persons who complete substance abuse programs to seek dismissal of certain controlled substance related charges.
Brief Description: Allowing persons who complete substance abuse programs to seek dismissal of certain controlled substance related charges.
Sponsors: Senators Salomon, Dhingra, Nobles, Salda?a, Trudeau and Valdez.
Brief History:
Committee Activity: Law & Justice: 1/28/25.
Brief Summary of Bill
  • Permits individuals charged with possession of drugs to seek a dismissal of the charge by successfully completing court approved treatment.
SENATE COMMITTEE ON LAW & JUSTICE
Staff: Joe McKittrick (786-7287)
Background:

It is unlawful for a person to knowingly possess a controlled substance, counterfeit substance, or legend drug, or to knowingly use such substances in a public place. Possession of a controlled substance and possession of a counterfeit substance are classified as gross misdemeanor crimes punishable by up to 180 days in jail, a $1,000 fine, or both. However, if a person is convicted of either of these crimes, and the person has two or more prior possession convictions occurring after July 1, 2023, the person is subject to imprisonment for up to 364 days, a fine of up to $1,000, or both. Possession of a legend drug is a simple misdemeanor punishable by up to 180 days in jail, a $1,000 fine, or both.

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Individuals convicted of these crimes may be able to seek a pretrial diversion of the charges, in either superior court or courts of limited jurisdiction, by making a motion to the court and substantially complying with the treatment and services recommended by the following relevant referral source: the Recovery Navigator Program, the Arrest and Jail Alternative Program, or the Law Enforcement Assisted Diversion Program.
Summary of Bill:

In courts of limited jurisdiction, a person charged with possession of controlled substance, counterfeit substance, legend drug, or possession of 40 grams or less of cannabis, or charged with knowingly using a controlled substance or controlled substance in a public place, may seek a dismissal of the charge by receiving a court approved substance use disorder or a co-occurring mental health and substance use disorder assessment and successfully completing the recommended treatment.

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The assessment conducted in conjunction with the treatment program must consider the person?s criminal history and must show the individual has a substance use disorder which requires treatment.

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If the person, at or before the readiness hearing, files the assessment report, proof of successful completion of the recommended treatment, and a copy of the underlying police report with the court, the court must dismiss the possession charges. If the person is also charged with nonpossession charges filed under the same cause number and arising from the same course of conduct as the possession charge, the court may dismiss those other charges unless the prosecutor objects.
Appropriation: None.
Fiscal Note: Requested on January 22, 2025.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.