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.

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.

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.

PRO:? Open public drug use is a problem, and when looking at the problem we must consider what solution we want. We want those who commit these crimes to get treatment and get better. This bill provides a simple off-ramp for individuals who use drugs to complete treatment and avoid a conviction. This does not apply to accompanying charges. In cases where there are accompanying charges, the prosecutor will decide if those other charges deserve to be dismissed. The current laws say prosecutors are encouraged to redirect possession charges into treatment and this is in line with the rehabilitative goal of misdemeanor courts. Not every jurisdiction has robust therapeutic options, and not every prosecutor is on board with the legislative encouragement to divert these cases. This gives all people in Washington to receive the chance to get treatment and avoid a conviction.

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CON:? This bill raises issues with separations of powers, because the judge, under this bill, would make the decision of whether a case moves forward which is in the authority of the executive branch. This simply cuts the executive branch, represented by the prosecutor, out of the equation. Current policy already allows for diversion of possession charges to treatment. Taking away prosecutorial discretion only enables drug users.