New measure softens punishment for drug possession

Washington state’s prisons are crowded with people convicted of felony drug offenses. But a renewed effort is underway to reduce the penalties for drug possession, which backers argue would free up prison space and save millions of dollars.

Currently, possession of even the smallest amount of drugs such as heroin or cocaine are considered felonies, punishable by up to five years in prison. And it’s still a felony if you’re caught with more than 40 grams of marijuana, even though I-502 made it legal to possess up to 28 grams (one ounce.)

“It’s a bad law and unjust,” says Anthony Martinelli, communications director for Sensible Washington – an organization working to overhaul the state’s drug laws.

Under a new bill (HB 1024) being introduced in the House of Representatives next week, personal possession of small amounts of all drugs would be reduced to a misdemeanor, punishable by up to 90 days in jail.

Manufacturing, distribution, or any charge involving minors would remain felonies.

“This proposal would remove over 9,000 felony cases annually, which would save the sate millions of dollars each year and would free up prison space,” Martinelli says. “We just think it’s time to gear down the drug war.”

Martinelli says the measure would also allow the state to devote more money to rehabilitation, treatment and education.

The bill was proposed by Rep. Sherry Appleton (D-Poulsbo), who was lead sponsor of an identical bill last session that got a hearing but was not moved to the full house for a vote.

But Martinelli says with the backing of groups including Law Enforcement Against Prohibition, a coalition of thousands of current and former law enforcement professionals, Students for Sensible Drug Policy, Washington CURE and the ACLU of Washington, the measure stands a better chance of making it out of the House this session.
Getting through the Senate is another matter. With Republicans controlling the Senate, the proposal faces an uphill battle, even though no one spoke in opposition to it at a hearing last year.

The idea of decriminalizing small-time drug possession cases has gained in popularity over the past few years. California voters overwhelmingly passed a new law last fall that reduced simple drug possession to misdemeanors, joining about a dozen other states that have adopted misdemeanor drug possession laws.
Backers of the California measure argued Proposition 47, called The Safe Neighborhoods and Schools Act, would save an estimated $200 million in prison costs each year.

The measure faced vehement opposition from leaders of most of California’s law enforcement community, who argued unsuccessfully the misdemeanor would do be little more than a slap on the wrist and do little to push addicts to seek treatment, UT San Diego reports.

But Martinelli points to numerous studies he argues have shown current drug policy doesn’t work to reduce crime or addiction, and argues the Washington state proposal would do far more than continuing to throw people in prison.

The House Public Safety committee will hold a hearing on the bill Jan. 16.