Urgent Resolution on Decriminalization of Controlled Substances

May 6, 2023

WHEREAS, the Reagan Era War on Drugs was a catastrophic failure which treated the public health issue of substance abuse as a criminal issue, and in doing so, destroyed people and families and ballooned our incarcerated populations, with disproportionate and devastating impacts on communities of color and people with disabilities; and

WHEREAS, the 2022 Washington State Democratic Platform, voted on by Democrats from across the state, calls for “Decriminalization of personal possession and use of most drugs in a manner similar to Oregon 313 Initiative 110 passed by voters in 2020” and, when polled on the issue, 85% of Washington voters across party lines said that they wanted drug use and addiction treated as a public health issue and not a criminal justice issue and 67% said that they would vote for a ballot measure that decriminalized drug possession; and

WHEREAS, jail is not treatment and time spent in jail, away from community, frequently causes the loss of wages, children, housing, transportation and more for already vulnerable people, making recovery even more difficult, and people seeking substance abuse treatment often face long wait times or complete lack of access in their area, both of which are critically important to address; and

WHEREAS, ESB 5476, passed in 2021, establishing the Substance Use Recovery Services Advisory (SURSA) Committee in order to convene experts and thoughtfully evaluate policy solutions to our society’s substance use challenges and after extensive deliberation and research, SURSA unequivocally recommended that Washington State decriminalize possession of controlled substances and paraphernalia with no civil penalty or fines, following which a broad coalition of Washington advocacy groups including the ACLU, Civil Survival, League of Women Voters of Washington, Northwest Immigrant Rights Project, Statewide Poverty Action Network and dozens more urged the legislature to follow SURSA’s recommendation to decriminalize simple possession; and

WHEREAS, the legislature has been called into special session on May 16, 2023 by Governor Jay Inslee to address this issue;

THEREFORE BE IT RESOLVED, that this resolution will be transmitted to Speaker Jinkins and Senate Majority Leader Billig upon passage, and advocated for by the WSD Advocacy Committee through the means that they see fit during the special session; and

BE IT FURTHER RESOLVED, that the Washington State Democratic Central Committee call upon our elected State Senators and State Representatives to support full decriminalization of simple possession of controlled substances and that if they deem a compromise from that publicly popular position is necessary, that the penalty be a misdemeanor — not a gross misdemeanor — as well as that then any compromise bill includes measures which limit the harm to our communities by requiring: 1) that courts automatically vacate convictions for people who complete treatment, without requiring that people apply for vacation of their convictions, 2) the pre-emption of criminalization of drug paraphernalia; and 3) budget allocation to support ongoing data collection analysis so we can monitor impact and make adjustments; and

BE IT FINALLY RESOLVED, that the Washington State Democratic Central Committee call upon our elected State Senators and State Representatives to support substantial and sufficient investment in treatment, housing, and services which the research and evidence have repeatedly demonstrated are the most effective way to address substance use in communities.

Submitted by: Carin Chase, Chris Franco, Carmen Rivera, Scott Forbes, Tara Gallagher to the Washington State Democratic Central Committee for consideration at its May 6, 2023 meeting in Seattle.

References:

Urgent Resolution on Decriminalization of Controlled Substances

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