TO: Committee of the Whole - Public Safety and Human Services
FROM: Mayor Angela Birney
DEPARTMENT DIRECTOR CONTACT(S):
|
Executive |
Malisa Files |
425-556-2166 |
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Police |
Darrell Lowe |
425-556-2529 |
DEPARTMENT STAFF:
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Executive |
Rebecca Mueller |
Supervising Attorney |
TITLE:
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State versus Blake Legislative Update
OVERVIEW STATEMENT:
recommendation
At the conclusion of the 2023 state legislative session, the legislature failed to address the impacts of State v. Blake. This briefing is an update on what is happening at the state and next steps for the City.
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☐ Additional Background Information/Description of Proposal Attached
REQUESTED ACTION:
☒ Receive Information ☐ Provide Direction ☐ Approve
REQUEST RATIONALE:
• Relevant Plans/Policies:
N/A
• Required:
N/A
• Council Request:
N/A
• Other Key Facts:
History
In February 2021, the Washington State Supreme Court ruled in State v. Blake that the state’s felony drug possession statute was unconstitutional. In response, the state legislature passed Engrossed Senate Bill 5476, commonly known as the Blake Decision, which temporarily made possession of a controlled substance a misdemeanor. That law expires on July 1, 2023.
During the 2023 state legislative session, the House and Senate extensively debated a permanent solution in the form of Senate Bill 5536, referred to as the Blake bill, but they were unable to reach agreement before the end of the regular session. Ultimately, the Blake bill failed in the House by a vote of 43 to 55. Some areas of disagreement centered around the level of offense (whether to make it a gross misdemeanor or misdemeanor), treatment and diversion pathways, preemption of local regulation of drug paraphernalia, and technical concerns about ability to prosecute if the language required both possession and use.
The Governor has indicated he will call a Special Session on May 16. Legislators are expressing confidence that a compromise will be reached, but success is not guaranteed, and it is not known how long it might take.
If the state legislature fails to act, there are several adverse consequences:
• The existing possession law will expire on July 1, 2023, removing regulation of drug use and possession.
• State funding was tied to the Blake bill, which would not be the case with a local solution.
• Passage of local ordinances would create a patchwork of laws, increasing public confusion and complicating enforcement. Cities that have taken or started to take action have diverged on whether the crime is a misdemeanor or gross misdemeanor, among other differences.
Timing
The City needs to be prepared to pass an ordinance in the event the State is unable to reach agreement. Due to the lead time needed to prepare an ordinance, work is commencing now to ensure adequate time to meet the July 1, 2023, deadline. The ordinance would take effect only if the state does not pass a measure.
Next Steps
The City of Redmond has a deep commitment to the safety and well-being of its residents, and takes an inclusive, equitable, compassionate, and timely approach to public safety. As embodied in the Community Strategic Plan, the City endeavors to better the health of our community by connecting at risk community members to resources and emphasizing alternatives to incarceration.
In considering the elements debated by the state legislature and the expertise of our Prosecutor and Chief of Police, staff are preparing an ordinance to meet the needs of Redmond that would have the following core elements:
• Focus on prohibiting public drug possession and public use as separate crimes, both as gross misdemeanors with treatment driven accountability;
• Possession of drug paraphernalia would be a misdemeanor;
• An individual charged with a crime would be able to petition the court to have that charge considered under an alternative deferred prosecution program with a treatment or service plan;
• The City’s under-21-with-alcohol ordinance would not be included in the deferred prosecution proposal; and
• 2023 changes in state law would be addressed by making it a misdemeanor for persons under 21 to possess, manufacture, sell, or distribute cannabis, which would also not be eligible for deferred prosecution.
Draft legislation will be brought back to the Council in time for June action, if necessary.
OUTCOMES:
This is a briefing only. City action on an ordinance in June will ensure coverage for drug possession laws in the event the state fails to act by July 1, 2023.
COMMUNITY/STAKEHOLDER OUTREACH AND INVOLVEMENT:
• Timeline (previous or planned):
N/A
• Outreach Methods and Results:
N/A
• Feedback Summary:
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BUDGET IMPACT:
Total Cost:
Currently there is no budget impact. A City drug possession ordinance would have implementation costs. A state solution would likely come with programmatic funding.
Approved in current biennial budget: ☐ Yes ☐ No ☒ N/A
Budget Offer Number:
N/A
Budget Priority:
Safe and Resilient
Other budget impacts or additional costs: ☐ Yes ☐ No ☒ N/A
If yes, explain:
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Funding source(s):
N/A
Budget/Funding Constraints:
N/A
☐ Additional budget details attached
COUNCIL REVIEW:
Previous Contact(s)
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Date |
Meeting |
Requested Action |
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N/A |
Item has not been presented to Council |
N/A |
Proposed Upcoming Contact(s)
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Date |
Meeting |
Requested Action |
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6/13/2023 |
Committee of the Whole - Finance, Administration, and Communications |
Provide Direction |
|
6/20/2023 |
Business Meeting |
Approve |
Time Constraints:
If City action is necessary, an ordinance would take effect by July 1, 2023, to avoid a lapse in the regulation of drug-related offenses.
ANTICIPATED RESULT IF NOT APPROVED:
Currently the City is waiting to see if the legislature is able to reach a positive conclusion and take action during special session. If that fails and the City does not take action, there would be a lapse in the regulations of drug related offenses and the adverse consequences mentioned above would become a reality.
ATTACHMENTS:
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