Tag Archives: drug-overdose deaths

Washington reaches highest number of traffic fatalities in 33 years

Note: The following e-newsletter was sent to Sen. Padden’s subscribers May 17, 2024. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

Our state is experiencing an increase in fatal and serious-injury crashes on our roads and highways that is shocking and heartbreaking. We’re failing to protect our families, friends and children.

Earlier this week, the Washington Traffic Safety Commission issued a report revealing our state has reached a 33-year high for traffic fatalities. The report showed 810 people were killed in crashes involving a motor vehicle in 2023, an increase from 743 killed in 2022.

Of the 810 traffic deaths last year, nearly half (400) involved a drug- or alcohol-impaired driver, while 251 involved excessive speed, 171 involved not wearing a seatbelt or other restraint, and 135 involved a distracted driver. What is so tragic about these fatality figures is that these deaths could have been prevented if drivers were more careful and responsible when behind the wheel. 

What is especially troubling about Washington’s rise in traffic deaths is that the rest of America is driving more safely. According to a Seattle Times story about the WTSC report, Washington’s increase in road fatalities runs counter to national figures. The National Highway Traffic Safety Administration reports 40,990 people died on U.S. roads last year, a 3.6% decrease from 2022. The Times story noted that nearly every other state recorded fewer deaths than the year before.

It’s unacceptable that nearly half of the 810 traffic deaths in 2023 in our state involved impaired drivers. The Legislature has taken recent steps to reduce impaired driving, including making a fourth DUI conviction a felony and expanding the “lookback” period for reviewing prior impaired-driving convictions to 15 years, instead of 10. We also passed the initiative restoring police pursuits, which should allow officers to apprehend more bad drivers on roads and highways.

But more needs to be done! It would be good to see the Washington Traffic Safety Commission and Washington State Patrol work to increase public awareness about impaired driving so more people avoid driving after downing too many drinks or taking drugs that can impair their driving ability. The Traffic Safety Commission and State Patrol also should do more to remind drivers to keep their eyes on the road instead of focusing on their cell phones or other things that can distract them.    

The Legislature also can do more to reduce impaired driving, which contributes to so many of our state’s traffic deaths. Last year, I introduced Senate Bill 5791, a bipartisan proposal, supported by the State Patrol, that would require WSP to establish a pilot program to evaluate the outcomes and effectiveness of oral fluid roadside information (basically, an oral swab) collected by law enforcement when impaired driving is suspected. (Taking the oral swab would be voluntary for drivers.) After being passed by the Senate Transportation Committee during this year’s session, SB 5791 died when it was on deck for a full Senate vote.

Several other states have implemented oral swab testing (which detects six drugs and alcohol) on suspected impaired drivers, and the results have been positive. My hope is that another legislator will sponsor this bill next year after I retire from the Senate and that the Legislature will finally pass this measure. It should help reduce impaired driving and lower the number of traffic deaths in our state.         

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email. 

Thank you, as always, for the honor of representing you in Olympia!

Best Regards,

Senator Mike Padden

Efforts to increase number of law-enforcement officers in state

Senator Padden and other attendees during last October’s ribbon-cutting ceremony at the new law-enforcement training center run jointly by the Spokane County Sheriff’s Office and the United States Air Force. 

Another reason for Washington’s rise in traffic fatalities is the lack of law-enforcement officers in our communities. Many law-enforcement agencies, anti-crime advocates and legislators have pointed out in recent years that Washington ranks dead last (51st out of the 50 states plus the District of Columbia) for the number of law-enforcement officers per capita.

Washington’s extremely low number of police officers in communities also is a key reason why crime continues to rise across our state.

An article recently published by Seattle-based Crosscut offers some reasons for the low number of law-enforcement officers across Washington, beyond the simple fact that more are leaving the profession than entering it. The net loss in officers makes it hard for the remaining officers to maintain law and order in their communities.

The Crosscut story cited several likely reasons for the drop in police officers: job pressures, burnout, frustrations, the fluctuating stigmas of being a cop, bad hours for raising a family, sometimes long commutes because an officer cannot afford to live in the city they are protecting and a lack of local money to hire new law-enforcement officers.  

Many people argue that the backlash against police officers in 2020 following George Floyd’s death in Minneapolis and the ensuing demonstrations and riots in Seattle and other cities across the nation caused many officers to leave law enforcement for other jobs. The combination of “officer loss” and pro-criminal laws passed by the Democrat-controlled Legislature in recent years has contributed greatly to the increase in many types of crime in Washington, including murders, auto thefts and robberies.      

Fortunately, the Legislature finally has recognized the problem of a lack of law-enforcement officers and taken steps to fix it. This part of the Crosscut article discusses what the state has done to tackle the lack of officers:

In 2022, the Criminal Justice Training Center added a campus in Spokane. This year, other satellite centers started operating in Pasco and Vancouver. Another is expected to open in Arlington later this year. One of the hurdles to training recruits is that it is difficult for many — especially those with children — to spend four and a half months in Burien. The satellite campuses are designed to address that while raising the total capacity to train 870 police recruits in 2025, plus 800 correctional officers, misdemeanor probation officers and other roles. 

Another improvement is that it no longer costs local law enforcement to send their recruits in for training. Until this year, local police and sheriff’s departments had to pay 25% of the training costs for each recruit. After legislative action this year, the state is paying 100% of the bill.

4th District Government Guide still available at many locations

As mentioned in my e-newsletter in recent weeks, there is a new 4th District Government Guide for districts residents to use. The free guide includes names and contact information for officials at the federal, statewide, legislative and local government levels. It also provides other helpful information. If you would like to have a copy of the new government guide mailed to you, please call my legislative assistant, Annalise Hemingway, at 509-921-2460 or email her at annalise.hemingway@leg.wa.gov.

There also are copies of the updated government guide at these locations:

  • Millwood City Hall (9103 E Frederick Ave., Spokane)
  • Argonne Library (4322 N Argonne Road, Spokane)
  • Spokane Valley City Hall (10210 E Sprague Ave., Spokane Valley)
  • Spokane Valley Library (22 N. Herald Road, Spokane Valley)
  • Liberty Lake City Hall (22710 E Country Vista Drive, Liberty Lake)
  • Liberty Lake Library (23123 E Mission Ave., Liberty Lake)
  • Otis Orchards Library (22324 E Wellesley Ave., Otis Orchards)
  • Spokane Valley Senior Center (2426 N Discovery Place, Spokane Valley)

Washington had largest increase for drug-overdose deaths among states

The Centers for Disease Control and Prevention (CDC) on Wednesday released its monthly report on drug-overdose deaths by state. This report covers all 12 months of 2023. A Seattle Times story reported that overdose deaths in the U.S. declined by nearly 3,500 deaths from the prior year, or 3.1%.

Unfortunately, Washington state actually is leading the nation in the increase in overdose deaths in 2023 (going from 2,763 in 2022 to 3,526 in 2023, an increase of 763). In percentage terms, this was a 27.6% year-over-year increase, only outpaced by Alaska (44.1%), Oregon (30%) and Nevada (28.9%).     

To put this in perspective, California and Texas combined saw a smaller increase in overdose deaths than Washington, despite having nearly 10 times our state’s population.      

When the state Supreme Court issued its Blake decision in February 2021, Washington was 31st in the country in per-capita drug overdose death rate, with a rate 20% below the national average. Washington now ranks ninth-highest in the country, with a rate over 40% higher than the national average.   

West Virginia ranks first in drug-overdose death rate with 81.2 deaths per 100,000 population, followed by Tennessee (53.4 deaths), Delaware (51.6), Louisiana (49.0), Alaska (48.5), New Mexico (47.9), Kentucky (47.1), Nevada (45.7), Washington (45.3) and Maine (42.9). Oregon ranks 11th, with 42.7 deaths. 

See WSDOT’s aerial photo of new Barker Road roundabout

(Photo courtesy of Washington State Department of Transportation)

Even though the recently completed Barker Road roundabout was mentioned in an earlier e-newsletter just a couple of weeks ago, the Eastern Region office of the state Department of Transportation provided this aerial photo of the new roundabout near I-90. It is worth a look.

Video shows problem with ranked choice voting

In recent years, some individuals and groups have been pushing an unusual and very rarely used voting system called “ranked choice voting“ or “RCV.”

Pierce County used ranked choice voting for a couple of years in the early 2000s before getting rid of it.

This video discusses the problems with RCV. If a bill to implement ranked choice voting in Washington had reached the Senate floor for a vote, I would have been a resounding “no.”

Receiving lifetime award

It was my honor to recently receive this lifetime achievement award from the Spokane County Republican Party for my years as a 4th District legislator.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the interim we are conducting business from our district office in Spokane Valley. We are here to serve you!

Phone: 509-921-2460

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

    

Seattle already has passed 2022 homicide total – with three months left

Note: The following e-newsletter was sent to Sen. Padden’s subscribers September 28, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

In recent years, a glaring example of how our state’s crime problem has worsened is the rise in homicides in Seattle and King County.

On Monday, a story published by The Seattle Times shows the homicide problem in Washington’s largest city is especially bad this year. This section is especially noteworthy:

There have been 114 homicides committed in King County as of Friday, when two men were killed in separate Seattle incidents, according to a Seattle Times database. That’s five deaths shy of the 119 homicides investigated in both 2021 and 2022.

This year’s tally has exceeded the county’s 113 homicides in 2020 — a figure that was up from 73 the year before.

Exactly half of this year’s killings have occurred in Seattle, which has totaled 57 homicides, including Friday’s Belltown and Columbia City killings, according to The Times’ database, which is compiled with preliminary information from police, prosecutors and the King County Medical Examiner’s Office.

Seattle police investigated 33 homicides in 2019, 53 in 2020, 41 in 2021 and 54 in 2022, according to The Times’ data. With more than three months left in the year, it’s conceivable the city could break its 1994 record of 69 homicides in a single year.

“It’s a concerning trend,” Dan Clark, a King County chief criminal deputy prosecutor, said of 2023’s homicide count. “We all had anticipated that as we were coming out of the pandemic, some of these disturbing numbers would drop and we haven’t seen that so far.”

As in recent years, this year’s homicides span the gamut of gang-related shootings, domestic-violence killings, violence in homeless encampments, road rage, drug- and prostitution-related killings, and homicides resulting from drug use or mental health crises.

The high – and likely record-breaking – number of homicides in our state’s most populous county is cause for concern. While there are several likely causes for the high number of King County homicides, a few that immediately come to mind are: 1) the decline in the number of police officers in Seattle and other King County communities, which makes it harder to maintain law and order in these communities; 2) the relaxing of state law by Democratic majorities in the Legislature that limited law-enforcement officers’ ability to pursue suspects; and 3) the Legislature weakened state drug-possession laws a couple of years ago, which resulted in such a notable increase in drug-overdose deaths that Washington now leads the U.S. in both drug-overdose deaths and the percentage increase in drug-overdose deaths.

The weakening of Washington’s drug-possession law in 2021 probably has been a factor in crimes in our state. The Democrat-controlled Legislature this year passed a law increasing the penalty for drug possession from a misdemeanor to what is functionally a hybrid of a misdemeanor and a gross misdemeanor. But many opponents of this new law, myself included, believe it needed to provide tougher punishment so drug offenders would be more willing to undergo treatment to avoid more jail time. People need to be held accountable when they break laws. When lawbreakers are in jail or prison, they aren’t hurting society. 

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Litter becomes greater problem in WA

Washington has become a national leader in several unwanted categories over the years, from ranking first in the U.S. for drug-overdose deaths to currently having the third-highest gasoline prices in America after briefly having the most expensive gas in the country. Our state also has the lowest number of law-enforcement officers per capita of all states (plus the District of Columbia), a key factor why Washington has experienced a steady and disturbing rise in crime. 

We can add litter to this dubious list for Washington.

The (Tacoma) News Tribune last week reported our state has ranked above the national average with litter on roadways and public areas, according to a recent study.

Here are interesting snippets from The News Tribune story:

  • The national average is 5,714 pieces of litter per mile according to a 2020 nationwide study. Washington state clocked in at 8,112 pieces per mile according to the statewide litter study commissioned in 2022 by the Washington State Department of Ecology that was released Monday, although the agency said they are unsure why there is significantly more litter in the state compared to others.
  • The Department of Ecology estimated that nearly 38 million pounds of litter accumulates every year on roads and in public areas throughout the state. That averages out to about 5 pounds of litter per resident in Washington.
  • Cigarette butts, food wrappers, snack bags, glass bottles and construction debris were named as some of the most common items found on the roadside, according to the study.
  • More than 300 traffic crashes and 30 injuries were caused by debris from unsecured loads, the Department of Ecology said. Five deaths were attributed to debris from unsecured loads.

This problem has not escaped the Legislature’s notice. In 2021, legislators and the governor approved a bipartisan bill introduced by one of my Republican colleagues, 31st District Sen. Phil Fortunato, that enhances litter control in Washington. This law prioritizes litter control along the state’s highways and requires the state Department of Ecology to contract with the Department of Transportation to schedule litter-prevention messaging and coordinate litter-emphasis patrols with the Washington State Patrol.

There has been evidence of this new anti-litter law in action, as a litter crew was spotted next to I-5 in the Tacoma area last week, and an electronic sign south of Olympia last week asked motorists and passengers to not litter.

However, the Legislature should fully implement Sen. Fortunato’s original anti-litter bill from 2021. The House had removed an important part from the original version of that measure that required the Department of Ecology to prioritize funding litter control along state highways when distributing funds to state agencies for litter control programs. The original bill should have been passed by the Legislature two years ago instead of the altered version that became law.

State flag flies over Capitol for new State Bar Association president

Ferry County resident Hunter Abell recently was chosen as the 2023-24 president of the Washington State Bar Association, which typically focuses on law and justice issues before the Legislature. At the request of a mutual friend, I contacted Secretary of State Steve Hobbs’ office in Olympia and arranged to have a Washington state flag flown over the state Capitol two weeks ago. The photo above shows that flag, as well as the certificate from Secretary Hobbs (my former Senate colleague) to Hunter that marks the occasion. 

Speaking at Oaks Academy ceremony

On September 15, I had the honor of speaking at the ribbon-cutting ceremony for a new $14.8 million building at The Oaks Classical Christian Academy in Spokane Valley. It was a good event that was well attended. More than 360 students attend the academy, which has a tremendous academic record and has a number of graduates who have attended some of the finest higher education institutions in the country.

Attending judicial meeting in Tumwater

Late last week, I traveled to Tumwater for the Interbranch Advisory Committee meeting at the state Supreme Court’s temporary chambers. State Supreme Court Chief Justice Steve Gonzalez provided a judicial branch update, and I joined one of my colleagues, Sen. Jamie Pedersen of Seattle, in providing a legislative update.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the interim we are conducting business from our district office in Spokane Valley. We are here to serve you!

Phone: (509) 921-2460

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

No state worse than WA for jump in drug-overdose deaths

Note: The following e-newsletter was sent to Sen. Padden’s subscribers Aug. 24, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Let’s hear it for firefighters, others battling area wildfires

Dear friends and neighbors,

Over the past week, firefighters and others have heroically battled two wildfires in parts of Spokane County, including the Oregon Road Fire near Elk in the northern part of the county. Firefighters also have worked hard to contain the Gray Fire affecting the Medical Lake area. The governor last weekend declared a state of emergency due to the wildfires. 

A special thank-you goes to all of the professional and volunteer firefighters who are working so hard in high heat and difficult conditions to try to contain these dangerous wildfires. Their courage, determination and toughness are to be admired and commended. Thanks also to those who have helped in other ways, including providing food, water and other needed supplies to those affected by the fires.   

Fire trucks have been a key part of the effort to subdue wildfires in eastern Washington.

On Wednesday morning I attended three meetings regarding the Oregon Road fire. During the first meeting, at Deer Park City Hall, federal and state officials discussed the extent of the fire and the resources deployed to battle and contain it: 876 people, 43 fire engines, nine bulldozers, 38 water tenders and six helicopters. Not surprisingly, they noted the half-inch of rain that fell Wednesday helped tremendously.

Next was a community meeting at Riverside High School that drew 300 people, where it was announced that the Oregon Road fire had burned more than 11,000 acres. Riverside School District Superintendent Ken Russell was there, as was Spokane County Undersheriff Michael Kittilstved and Spokane County Commissioner Josh Kerns. Afterward Superintendent Russell asked me to attend another meeting about whether to delay the start of the school year in the Riverside School District. Here is the link to the story that Riverside School District put out yesterday in which it is postponing its start date for school.

Below is state and local resource information below to use and share as we navigate this disaster.

Please do not hesitate to contact my district office at 509-921-2460 if you are having trouble reaching a state agency for assistance.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

WA has fastest drug-overdose death-rate increase in U.S.

Our state has a serious and growing problem with drug-overdose deaths.

New statistics from the federal Centers for Disease Control and Prevention show Washington’s fatal drug-overdose situation is even grimmer than a month ago.

For the third straight month, the CDC has issued a report that finds Washington having the negative distinction of seeing the fastest drug-overdose death rate increase of any state in the country. According to the CDC, Washington has seen a nation-leading 28.4% increase in drug-overdose deaths between March 2022 and March 2023 (up from 23.9% for the period between February 2022 and February 2023). Oregon ranks second at 19.6%, followed by Nevada (19%) and Alabama (14%). The national average is a miniscule 0.1% increase.

But, according to the latest CDC report, Washington now leads the country not just in the percentage increase in deaths, but also the number of increased deaths (688 more than in the prior 12-month period). The full CDC report can be viewed here.

The CDC figures illustrate the effect of Washington’s decriminalization effort because they show the rise in drug deaths between 2021 and 2023, as the liberalized drug law took effect.

The 2021 Blake ruling by the state Supreme Court declared Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. The Democrat-led Legislature responded that session with a law that reduced the criminal penalty for illegally possessing hard drugs to a misdemeanor – a change not directed by the court. As a result, many police agencies ceased enforcement efforts.

By eliminating the threat of jail time, the 2021 law eliminated incentives for addicts to enroll in drug-treatment programs. It also eliminated a tool used by law enforcement in sweeps of homeless camps.  

The punishment under the new drug-possession law (called the “Blake fix”), approved by the Legislature during a one-day special session in May, is basically a hybrid between a gross misdemeanor and a misdemeanor. It will not be an effective deterrent for drug offenders.

The new law took effect on July 1, and no benefit has been seen yet. More must be done to combat drug use and overdoses, including tougher punishment for using hard drugs, before even more lives are lost.  

State has collected nearly $1 billion since cap-and-trade auctions began  

Throughout the summer, Washington has been in the unenviable position of being either #1 or #2 for worst gasoline prices in the nation. According to AAA’s state-by-state gas price averages, California topped the nation with regular gas at $5.259 a gallon as of yesterday, while Washington was second at $5.063.

The top reason for these exorbitant gas prices is Washington’s “cap-and-trade” program, which took full effect this January. According to a recent Capital Press story, gas prices here are up $1.25 a gallon just since then, while prices nationwide have fallen by 70 cents over the past year.

Only California and Washington have a cap-and-tax law. It is not a coincidence that no other state has gas costing at least $5 a gallon. In fact, no other state is even close to $5 a gallon for gas.

The cap-and-trade law allows the state Department of Ecology to auction “carbon allowances.” The Capital Press goes on to report this month’s auction of carbon allowances brought Ecology’s year-to-date auction proceeds to a staggering $919.5 million. That is nearly $1 billion of your money being taken by the state for a program that is extremely unlikely to NOT reduce global carbon emissions at all. This is why I voted in 2021 against the bill that created the cap-and-trade program.

Lawsuit filed against new state law that weakens parents’ rights

A legal organization run by a former adviser to President Trump is challenging the new state law which allows shelters to notify state authorities but not parents when a young person seeks refuge to pursue what the law’s supporters call “gender-affirming care” or “reproductive health services.” Democrat majorities in the Legislature approved Senate Bill 5599 earlier this year. No Republican legislators supported the proposal, which took effect in July, because it weakens parents’ rights.  

America First Legal, headed by Stephen Miller, filed its lawsuit on behalf of eight Washington parents and two nonprofit groups that oppose this so-called “care” of children – International Partners for Ethical Care, Inc. and Advocates Protecting Children. The lawsuit argues the new law violates the First and Fourteenth Amendments of the U.S. Constitution. 

The Washington State Standard story on the lawsuit is here.

Recent events and meetings

Meeting with “future big-leaguer” Jack Murray at August 16 Spokane Indians game.

Over the past several weeks, I have attended a number of meetings and events in the 4th Legislative District or nearby. Here is a recap of them:

  • Attended the city of Spokane Valley’s “State of the City Luncheon” at the Centerplace Regional Event Center on July 26.
  • Attended the Regional Small Arms Range and Training Facility tour in Medical Lake on August 8. The event was hosted by Spokane County Sheriff Nowels and Spokane Valley Police Department Chief Ellis.
  • Attended the Conservation District open house on August 10.
  • Attended the Spokane Indians baseball game against the Tri-City Dust Devils on August 16. In what was an exciting, back-and-forth contest, the Indians won 5-4 on a walk-off hit in the bottom of the ninth inning. During the top of the fifth inning, I was a guest in KGA radio’s booth during its broadcast of the game. You can hear the audio of that brief appearance here.
  • Took a tour of Spokane International Airport on August 18 to see the latest changes and improvements there.
  • Attended the Modern Electric board meeting yesterday.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the interim we are conducting business from our district office in Spokane Valley. We are here to serve you!

Phone: (509) 921-2460

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Padden says Washington’s drug-overdose crisis is now among worst in U.S.

New statistics from the federal Centers for Disease Control and Prevention show Washington’s fatal drug-overdose situation is even grimmer than a month ago, says Sen. Mike Padden, the lead Republican on the Senate Law and Justice Committee.

For the third straight month, the CDC has issued a report that finds Washington having the negative distinction of seeing the fastest drug-overdose death rate increase of any state in the country.

But, according to the latest CDC report, Washington now leads the country not just in the percentage increase in deaths, but also the number of increased deaths (688 more than in the prior 12-month period).

“Washington’s drug crisis continues to worsen, with this latest news from the CDC really underscoring how serious it has become,” said Padden, R-Spokane Valley. “When there are nearly 700 more drug-overdose deaths than the previous year, it is clear our state’s approach to drug use has not worked. More must be done to combat drug use and overdoses, including tougher punishment for using hard drugs, before even more lives are lost.”

The full CDC report can be viewed here.

According to the CDC, Washington has seen a nation-leading 28.4% increase in drug-overdose deaths between March 2022 and March 2023 (up from 23.9% for the period between February 2022 and February 2023). Oregon ranks second at 19.6%, followed by Nevada (19%) and Alabama (14%). The national average is a miniscule 0.1% increase.

The recent CDC figures illustrate the effect of Washington’s decriminalization effort because they show the rise in drug deaths between 2021 and 2023, as the liberalized drug law took effect.

The 2021 Blake ruling by the state Supreme Court declared Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. After the Blake decision, the Democrat-led Legislature in 2021 responded with a law that did reduce the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. As a result, many police agencies ceased enforcement efforts.

By eliminating the threat of jail time, the 2021 law eliminated incentives for addicts to enroll in drug-treatment programs. It also eliminated a tool used by law enforcement in sweeps of homeless camps.

The punishment under the new drug-possession law (called the “Blake fix”), approved by the Legislature during a one-day special session in May, is basically a hybrid between a gross misdemeanor and a misdemeanor. Padden does not think that will be an effective deterrent for drug offenders. Under the new law, possession convictions before July 2023 are not taken into account, so the new law ignores an offender’s criminal history when it comes to sentencing. Padden pointed out an offender’s full criminal history should be taken into account. The new law took effect on July 1, and no benefit has been seen yet.

“In King County, they’re having trouble finding room at the morgue,” said Padden. “These new statistics from the CDC demonstrate the terrible consequences of the decisions made by our colleagues. All of us in Washington are affected by this uptick in drug usage, whether we have a loved one who is afflicted or is at risk of being victimized by addicts who must steal to support their habits.

Last month, Padden joined other Senate Freedom Caucus members, including 31st District Sen. Phil Fortunato, 2nd District Sen. Jim McCune and 19th Sen. Jeff Wilson, in issuing a news release pointing out Washington had become a national leader in drug-overdose deaths.

“We’ve said all along that we should have kept our felony statutes in force. I voted against the new law this year because it wasn’t tough enough. Common sense tells us our state won’t get a handle on overdose deaths until we restore our felony laws and make prison time a possibility.”

Padden bill to increase penalty for drug possession receives committee hearing

The Senate Law and Justice Committee held a public hearing today on a bill introduced by 4th District Sen. Mike Padden that aims to reverse the alarming trend in fentanyl use and fentanyl-related deaths in Washington.

Padden’s measure, Senate Bill 5035, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony, with opportunities for drug court participation.

“In 2021 the Democrat majority in the Senate passed Senate Bill 5476, which de facto decriminalized possession of hard drugs, such as fentanyl, meth and heroin,” said Padden, R-Spokane Valley. “It’s no wonder fatal drug overdoses are hitting record numbers in Washington. The Democrats’ law that decriminalized drugs has been an absolute and costly failure. We need to fix this crisis, and Senate Bill 5035 would help us do that, including a chance for offenders to go into drug diversion programs.”

SB 5035 is one of several proposals heard by the Senate Law and Justice Committee today that seek to provide a new legislative response to the state Supreme Court’s February 2021 decision in State v. Blake. The justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. SB 5476, which was passed by the Legislature two months after the high court handed down its decision, is a temporary fix that expires this summer.

“There is general agreement that the action taken by the Legislature in response to Blake did not work. Senate Bill 5476 expires this year, so we need to take new action this session. We need the proper leverage to get those people into treatment. A misdemeanor charge won’t compel them to get into treatment as much as a felony charge,” said Padden.

SB 5035 is scheduled to receive a vote in the Law and Justice Committee on Thursday.

According to the state Department of Health, 2,264 people in Washington died of a drug-related overdose in 2021, compared to 1,731 drug-overdose deaths in the state in 2020 and 1,259 in 2019.

Spokane resident Molly Cain signed up in support of SB 5035. Cain testified on Feb. 1 during the U.S. House Energy and Commerce Committee’s Health Subcommittee legislative hearing on the fentanyl crisis. Part of Cain’s congressional testimony can be viewed here. Cain’s son, Carson, died of a fentanyl poisoning in 2020 at age 23.