Pierce County prosecutor claims Washington's drug law is making the community less safe

PIERCE COUNTY, Wash. — Now that the Washington State Legislature has convened to begin its next 105-day session, Pierce County Prosecuting Attorney Mary Robnett hopes lawmakers take another look at challenges in the current drug possession law.

After the state Supreme Court declared Washington’s felony drug possession statute unconstitutional in Feb. 2021, lawmakers adopted a stopgap measure that turned it into a misdemeanor. However, people with drugs had to be referred to treatment for their first two offenses, and could only be criminally charged after a third offense.

RELATED: State legislature looks to revise Washington's drug possession law

No system was ever set up to track the first two referrals, so police rarely are able to determine when that third arrest occurs.

Robnett said it’s led to no drug possession prosecutions from her office, yet they’ve seen a spike in property crime related to illegal narcotics. Robnett wants the legislature to once again make drug possession a felony.

RELATED: Washington courts clearing drug convictions, refunding fines

“In our experience, it’s a felony charge that is really the leverage needed to get people to consider treatment as an option,” Robnett said. “We have found that amending felony charges so that people can get into drug court or dismissing felony charges or agreeing to vacate felony convictions, all of those are good tools to get people into treatment.”

Lawmakers are considering lesser measures, including making it a gross misdemeanor punishable by up to a year in jail or a simple misdemeanor punishable by up to 90 days. There are also discussions about decriminalizing drugs outright and strictly treating possession as a public health matter.

The clock is ticking for state lawmakers. The current drug possession law expires in July, and if no action is taken, having drugs like heroin or fentanyl will no longer be a crime.