Treatment Instead of Jail: How Drug Possession Laws Are Changing

Washington state has been one of the most active states in the country in rethinking how the legal system responds to drug possession by balancing public health approaches with accountability measures.

The policy debate was shaped significantly by State v. Blake, a 2021 Washington Supreme Court ruling that struck down the state’s existing drug possession law as unconstitutional. The ruling meant there was no state law making simple possession of drugs a crime, and every previous conviction under that law was potentially invalid.

In response, the Legislature passed a temporary stopgap measure requiring diversion to treatment for at least the first two arrests, which was set to expire on July 1, 2023. When lawmakers failed to agree on permanent legislation before the deadline, Gov. Jay Inslee called a special session.

On May 16, 2023, the Legislature passed SB 5536, the so-called “Blake Fix.” It established drug possession and public use as gross misdemeanors while prioritizing treatment and diversion over incarceration.

The law created a pretrial diversion program allowing defendants who complete a substance use disorder treatment program to have charges dismissed, and designated opioid use disorder treatment facilities as essential public facilities.

The original bill (SB 5467) would have required courts to dismiss charges upon treatment completion, but it didn’t advance out of committee. Its core goals, however, were largely incorporated into the broader SB 5536 framework that ultimately became law.

Washington’s evolving approach is being watched closely by other states navigating similar debates. It also represents one of the most significant ongoing experiments in U.S. drug policy reform.

Expanding Treatment For Substance Use Disorder

With an increasing number of people experiencing drug addiction in the United States today, legislators across the nation are working to ensure that people have access to help.

This includes measures such as the legislation in Washington state, the expansion of Medicaid to cover addiction treatment services, and other efforts.

Many of these efforts reflect ways in which the stigma of addiction is being reduced. Instead of being seen as a crime, substance use disorder is being understood for what it is: a chronic disorder.

Addiction impacts people of every demographic, young and old, rich and poor, of every race and ethnicity.

Signs and symptoms of addiction include:

• changes in energy (high or low energy)
• exaggerated weight loss or gain
• poor muscle coordination
• loss of motivation
• anxiety
• spending large amounts of money
• paranoia
• isolation
• an inability to stop using the drug despite the negative consequences
• drug cravings

Most people with a substance use disorder never receive treatment.

An Underserved Population

According to the 2023 National Survey on Drug Use and Health (NSDUH), only about 1 in 4 Americans with a substance use disorder receives any form of treatment, leaving tens of millions without care each year.

Untreated addiction, like other untreated mental illnesses, can lead to:

• relationship problems
• work problems
• financial problems
• legal implications

The impact of substance use disorder is felt by people other than the individual with the disorder. Addiction affects family members, friends, coworkers, and other people, too.

Reducing the stigma around addiction can help more people get the treatment they need and lead a full, healthy life.

Changing laws to help people with substance use disorders, rather than punishing them, is one example of how the stigma of addiction is being addressed.

Helping Reduce The Stigma Of Addiction

Everyone can play a role in ending the stigma of addiction. Stigma is the result of a lack of knowledge, so educating yourself about addiction is a great way to defuse stigma.

Here are a few more ideas to help break the stigma of addiction:

• speaking out against misconceptions and negative language around addiction, including on social media
• sharing your own story of substance use disorder
• using supportive language, such as “a person with a substance use disorder,” not an “addict” or a “junkie”
• talking openly about substance use disorder issues

Like people with other diseases, when people with a substance use disorder receive medical care, they can recover and live a full life.

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Written by the Addiction Resource Editorial Staff