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2021 Senate Bill 5476: Addressing the State v. Blake decision
Introduced by Sen. Manka Dhingra (Redmond) (D) on March 24, 2021
Referred to the Senate Ways & Means Committee on March 24, 2021
Referred to the Senate Rules Committee on April 11, 2021
Amendment offered by Sen. John Braun (Centralia) (R) on April 15, 2021
Strikes sections 7-11. Strikes sections 17-20, which are subject to a contingent effective date in 2023. Strikes section 23, which contains the contingent effective date.
The amendment passed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. David Frockt (Seattle) (D) on April 15, 2021
Requires the Health Care Authority to submit a progress report to the legislature on the work of the Substance Use Recovery Services Advisory Committee by December 1, 2021.
The amendment passed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. David Frockt (Seattle) (D) on April 15, 2021
Requires the HCA to establish personal use amounts by December 31, 2021. Requires the Substance Use Recovery Services Advisory Committee to submit a summary report of the substance use recovery services plan and recommended changes to the law to the legislature by December 31, 2021.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Bob Hasegawa (Seattle) (D) on April 15, 2021
(1) Removes the definition of personal use amount. (2) Makes possession of a controlled substance, counterfeit substance, or legend drug by a person 21 years of age or older a class 2 civil infraction. To the extent resources are available, the court must refer the individual for diversion or treatment. (3) Makes possession of a controlled substance, counterfeit substance, or legend drug by a person under the age of 21 a class 3 civil infraction, subject to a fine or participation in four hours of community restitution or both. The court may also require chemical dependency treatment evaluation.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Bob Hasegawa (Seattle) (D) on April 15, 2021
(1) Removes the definition of personal use amount.(2)Makes possession of a controlled substance, counterfeit substance, or legend drug by a person 21 years of age or older a class 2 civil infraction. To the extent resources are available, the court must refer the individual for diversion or treatment. (3) Makes possession of a controlled substance, counterfeit substance, or legend drug by a person under the age of 21 a class 3 civil infraction, subject to a fine or participation in four hours of community restitution or both. The court may also require chemical dependency treatment evaluation. (4) Makes possession of drug paraphernalia for personal use a class 2 civil infraction for a person 21 years of age or older and a class 3 civil infraction for those under the age of 21. (5) Creates a class 1 civil infraction for disposing of drug paraphernalia in a public place. (6) Requires HCA and DOH convene a work group to develop recommendations for reforming laws and practices to align with the goal of treating substance use disorder as a disease rather than a criminal behavior. (7) Expires provisions modifying drug possession penalties on June 1, 2023.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on April 15, 2021
(1) Restores the title to the bill as introduced. (2) Removes the intent statement. (3) Retains the knowingly standard for possession of controlled substances. (4) Provides for a civil infraction for possession of controlled substances.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on April 15, 2021
Removes the provision that allows the director of the health care authority to establish by rule personal use amounts for other controlled substances, counterfeit substances, or legend drugs not already established.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on April 15, 2021
Prohibits the director of the health care authority to adopt personal use amounts for oxycodone.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on April 15, 2021
Restores possession of a controlled substance or counterfeit substance to a felony instead of a gross misdemeanor.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Jamie Pedersen (Seattle) (D) on April 15, 2021
(1) Amends the title; (2) Adds intent statement, including intent to increase funding for substance use disorder treatment programs; (3) Reinstates criminal penalties for possession of personal use amounts of controlled substances, counterfeit substances, and legend drugs; (4) Decreases criminal penalty for possession of controlled substances and counterfeit substances from a felony to a gross misdemeanor.
The amendment passed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on April 15, 2021
Prohibits the director of the health care authority to adopt personal use amounts for heroin.
The amendment failed by voice vote in the Senate on April 15, 2021
Amendment offered by Sen. Ann Rivers (Vancouver) (R) on April 15, 2021
Elevates a person's 4th violation involving possession of a controlled substance, counterfeit substance, or legend drug as a class C felony that may not be diverted by the prosecutor.
The amendment failed by voice vote in the Senate on April 15, 2021
Reduces the criminal penalty for possession of a controlled or counterfeit substance from a felony to a gross misdemeanor. Requires the prosecutor to divert a person's first and second violations for possession of a controlled substance, counterfeit substance, or legend drug and encourages diversion thereafter when agreed by the prosecutor. .
Received in the House on April 16, 2021
Referred to the House Appropriations Committee on April 16, 2021
Amendment offered in the House on April 24, 2021
(1) Removes the intent language. (2) Adds provisions requiring basic law enforcement training to include training on interactions with persons with substance use disorders. (3) Reclassifies criminal penalties for possession of a controlled substance or counterfeit substance to a misdemeanor (rather than a felony in current law or a gross misdemeanor in the underlying bill).
The amendment passed by voice vote in the House on April 24, 2021
Amendment offered by Rep. Michelle Caldier (Port Orchard) (R) on April 24, 2021
Directs the Director of the Health Care Authority to assure that rates paid by managed care organizations and behavioral health administrative services organizations to community-based voluntary withdrawal management providers who serve low-income individuals at a specified level of care are paid at the rate that is the greater of 80 percent of the daily rate paid by medicare for the same service or 500 dollars, adjusted annually for inflation, per day.
The amendment failed by voice vote in the House on April 24, 2021
Amendment offered by Rep. Lauren Davis (Shoreline) (D) on April 24, 2021
Specifies the membership of the Substance Use Recovery Services Advisory Committee (Advisory Committee) to include the Director of the Health Care Authority (Authority), or the Director's designee, to serve as chair and to convene the committee; four legislators; at least one adult and one youth in recovery from substance use disorder who has experienced criminal legal consequences due to substance use; one expert from the Addictions, Drug, and Alcohol Institute at the University of Washington; one outreach services provider; one substance use disorder treatment provider; one peer recovery services provider; one recovery housing provider; one expert in serving persons with co-occurring substance use disorders and mental health conditions; one expert in antiracism and equity in health care delivery systems; one employee who provides substance use disorder treatment or services as a member of a labor union representing workers in the behavioral health field; one representative of the Association of Washington Health Plans; one expert in diversion from the criminal legal system to community-based care for persons with substance use disorder; one representative of public defenders; one representative of prosecutors; one representative of sheriffs and police chiefs; one representative of a federally recognized tribe; and one representative of local governments. Requires Advisory Committee members to be reflective of the community of persons living with substance use disorders..
The amendment passed by voice vote in the House on April 24, 2021
Amendment offered by Rep. Roger Goodman (KirkLand) (D) on April 24, 2021
Removes provisions requiring a prosecutor to divert to treatment alleged violations of possession of a controlled substance, possession of a counterfeit substance, or possession of a legend drug. Requires instead that, for such violations, law enforcement officers must offer a referral to available assessment and services in lieu of jail booking and referral to the prosecutor. Provides that if law enforcement records indicate that a person has previously been diverted to referral for assessment and services at least twice, the officer may, but is not required to, make additional diversion efforts. Provides that prosecutors are not precluded from exercising discretion to divert or decline to file charges when referred drug possession cases, and are encouraged to divert such cases for assessment, treatment, or other services. Removes provisions that reclassify misdemeanor drug possession offenses as class 2 civil infractions on July 1, 2023, and instead reverts to current law for possession offenses on that date.
The amendment passed by voice vote in the House on April 24, 2021
Amendment offered by Rep. Gina Mosbrucker (Clark) (R) on April 24, 2021
Restores all provisions in the underlying bill, including reclassifying the crimes of possession of controlled substance and possession of a counterfeit substance as a gross misdemeanor.
The amendment failed by voice vote in the House on April 24, 2021
Amendment offered by Rep. Timm Ormsby (Spokane) (D) on April 24, 2021
Provides that the requirements that the Health Care Authority (1) establish requirements for recovery navigator programs 19 to provide immediate response to in-custody referrals from law 20 enforcement; (2) provide funding to Behavioral Health Administrative Services Organizations (BHASOs) for their recovery navigator programs; (3) establish regional access standards for the grant program for behavioral health treatment services not covered by medical assistance and for those not eligible for medical assistance; and (4) establish regional expanded recovery plans for the Expanded Recovery Support Services program are subject to the availability of amounts appropriated for those purposes.
The amendment passed by voice vote in the House on April 24, 2021
Amendment offered by Rep. Jim Walsh (Aberdeen) (R) on April 24, 2021
Reclassifies the crimes of possession of a controlled substance and possession of a counterfeit substance from a misdemeanor (in the striking amendment) to a gross misdemeanor. Removes the expiration date on the criminal penalties for possession of a controlled substance, possession of a counterfeit substance, and possession of a legend drug. Removes provisions that would have reclassified these crimes as civil infractions on July 1, 2023. Makes technical corrections.
The amendment failed by voice vote in the House on April 24, 2021
Received in the Senate on April 24, 2021
Senate concurred in House amendments.
Signed with partial veto by Gov. Jay Inslee on May 13, 2021

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