2E2SSB 5536 — Concerning controlled substances, counterfeit substances, and legend drug possession and treatment.

What this bill does

Modifies certain regulations and prohibitions under the Uniform Controlled Substances Act and related provisions of state law, including by modifying the conduct that constitutes certain drug possession offenses and the related penalties. Establishes a pretrial diversion program for persons charged with certain drug possession offenses. Requires the court to impose a specific sentence and conditions of probation on a person convicted of certain drug possession offenses based on whether the person is willing to submit to a substance use disorder (SUD) evaluation and comply with the recommended treatment. Requires the court to impose minimum sanctions on a person who violates conditions of probation for certain drug possession convictions by willfully abandoning or consistently failing to comply with treatment. Requires the court to dismiss a person's charge or vacate a person's conviction for certain drug possession offenses if the person successfully completes SUD treatment as a part of a pretrial diversion or as a condition of probation. Repeals the provision requiring law enforcement to offer a person who would otherwise be subject to arrest for certain drug possession offenses two referrals to assessment and services in lieu of legal system involvement prior to booking the person into jail and referring the case for prosecution. Requires the Washington State Patrol, beginning January 1, 2025, to aim to complete the necessary analysis for evidence submitted for suspected violations of certain drug possession offenses within 45 days of receiving the request for analysis. Modifies the scope of the civil infraction for giving, selling, or permitting the giving or selling of drug paraphernalia. Establishes new programs and services and modifies the scope of existing programs and services related to SUD treatment and recovery. Provides a right to court-appointed counsel for certain applicable parties in parenting plan and child custody proceedings.

From the Washington State Legislature's nonpartisan staff bill analysis. Read the full analysis ↗

Floor votes

• House — 713 Mosbrucker Pg 2 Ln 37 · April 11, 2023
  44 yea · 51 nay · 3 not voting
• House — 679 Maycumber Pg 15 Ln 19 · April 11, 2023
  45 yea · 50 nay · 3 not voting
• House — 711 Griffey Pg 26 Ln 34 · April 11, 2023
  41 yea · 54 nay · 3 not voting
• House — 709 Graham Pg 44 Ln 10 · April 11, 2023
  95 yea · 0 nay · 3 not voting
• House — 717 Maycumber Pg 10 Ln 16 · April 11, 2023
  44 yea · 51 nay · 3 not voting
• House — Final Passage as Amended by the House · April 11, 2023
  54 yea · 41 nay · 3 not voting
• House — Final Passage as recommended by the Conference Committee · April 23, 2023
  43 yea · 55 nay
• House — 3rd Reading & Final Passage · May 16, 2023
  83 yea · 13 nay · 2 not voting
• Senate — 3rd Reading & Final Passage · May 16, 2023
  43 yea · 6 nay
• Senate — 3rd Reading & Final Passage · March 3, 2023
  28 yea · 21 nay

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