Tag Archives: methamphetamine

Padden believes drug-possession bill passed by Legislature not strong enough to deal with state’s drug crisis

During a one-day special session today, the Legislature approved a bill enhancing penalties for possession of hard drugs, but 4th District Sen. Mike Padden was among the “no” votes in the Senate.

Padden, the ranking Republican on the Senate Law and Justice Committee, believes the compromise version of Senate Bill 5536 is not strong enough to get drug offenders into and through treatment. That version was finalized by Senate and House negotiators yesterday after weeks of talks following the April 23 conclusion of the regular session.

“Although the bill passed by the Legislature today is an improvement over the terrible law that was passed in 2021 after the Supreme Court’s Blake ruling, I don’t think this ‘Blake fix’ really fixes our state’s growing problem with hard drugs,” said Padden, R-Spokane Valley. He noted Washington ranks very high nationally in fentanyl-overdose deaths per capita, and King County so far this year already has more drug-overdose deaths (524 as of May 15) than it did in all of 2020 (508).

“In order for drug offenders to really feel compelled to seek treatment and stay with it, we need to make it a felony again to possess the most dangerous drugs like fentanyl, meth and heroin. The threat of a felony conviction is more likely to persuade a drug offender to undergo treatment than a gross misdemeanor. While I’m glad we were able to pass some sort of law to increase penalties for these drugs, it doesn’t go far enough to be truly effective,” added Padden.

Under the proposal approved by the Legislature, people convicted for the first or second time for drug possession or public use after July 1 would face a penalty of up to 180 days in jail and up to $1,000 fine. For a third conviction, they would face up to 364 days in jail.

“The punishment under this bill is basically a hybrid between a gross misdemeanor and a misdemeanor. I don’t think that level of punishment will be an effective deterrent for drug offenders,” said Padden.

The compromise version of SB 5536 passed by the Legislature today can be viewed here. The measure now goes to Gov. Jay Inslee.

In February 2021, in the state Supreme Court’s decision in State v. Blake, justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the Blake 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. This law expires on July 1.

As a result of the expiring law, the Legislature this year needed to pass a new drug-possession law (known by some as the “Blake fix”) or else hard drugs literally would be legal in Washington. Without a new state law clarifying the penalties for possessing certain drugs, it is possible that cities and counties would have enacted their own drug-possession laws, creating inconsistent drug laws in which one city could have tough penalties on possession while a nearby city might not have any penalty at all. Some cities, like Everett, already have passed drug-possession ordinances in recent weeks.

Under SB 5536 as passed by the Legislature, cities and counties could make their own laws and ordinances to regulate harm-reduction services related to drug paraphernalia.

Legislature fails to pass bill addressing drug-possession penalties

Note: The following e-newsletter was sent to Sen. Padden’s subscribers April 27, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

The Legislature ended its 105-day session Sunday night. As usually happens, the final days of the session focused on passing the final versions of the 2023-25 state operating, capital and transportation budgets, along with working out any disagreements on bills that were still alive.

One failure by the House Democrats was not approving a fix of the 2021 state law on drug possession penalties. There is more about this issue later in this newsletter.

I voted against the operating budget passed Sunday by the Legislature because of wasteful spending. In fact, the final operating budget was worse than the Senate’s version of this budget several weeks ago. It’s worth noting that all 40 House Republicans voted against the final operating budget.    

State Capitol at dusk, with cherry trees in bloom.

First, the operating budget provides $15.5 million over the next two years for abortion-related services, including funding for “outreach, patient navigation, and staffing” at the Department of Health to implement the governor’s program to bring women to Washington from states that have abortion restrictions. During session, the governor announced his administration had spent millions of dollars to stockpile chemical abortion pills that may never be used before being discarded. It is very wrong to use taxpayer dollars to make Washington an “abortion destination state.”

Second, the operating budget includes $2 million in funding for yet another study involving the four lower Snake River dams. Doing another study of these dams is a waste of taxpayer dollars because the dams belong to the federal government, not the state, so it is a federal decision. Like other eastern Washington legislators and eastern Washington’s congressional delegation, I think the four Snake River dams in our state should not be breached.

Third, this budget does not provide widespread tax relief, especially property-tax relief. Many Washingtonians are being taxed out of their homes, and some property-tax relief, which the state can afford, would help many homeowners. While many other states, such as California and Idaho, have provided tax relief for their citizens in recent years, our Democrat governor and Democrat-run Legislature in Washington still refuse to return some money to hard-working taxpayers.   

On the positive side, the new operating budget does not raise taxes, which is a welcome change from state spending plans in recent years.

Although the operating budget had problems, the new state capital and transportation budgets were worthy of support. Information about the capital budget’s funding of 4th District projects is found later in this e-newsletter.

This will be the last e-newsletter for a few weeks, but monthly e-newsletters will be sent out starting in late May or early June. 

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

Capital budget funds many 4th District projects

The two-year state capital budget unanimously passed by the Legislature includes many projects in the 4th Legislative District, allowing district residents to see their tax dollars at work in their local communities. The Senate version of the capital budget, which was better for the 4th District, prevailed in the negotiations between the Senate and House during the final days of session.

The capital budget funds these 4th District projects:

  • $1.176 million for Spokane Valley Performing Arts Center construction, with another $1.849 million provided for the Spokane Valley Summer Theatre, which will be part of the performing arts center.
  • $1.03 million for the HUB sports fields in Liberty Lake.
  • $750,000 for Spokane Scale House Market in Spokane Valley.
  • $543,000 for Avista Stadium improvements in Spokane Valley.
  • $500,000 in Washington Wildlife Recreation Program funding for phase 2 work at Greenacres Park in Spokane Valley.
  • $350,000 for a synthetic turf field in Liberty Lake.
  • $207,000 for Veterans Memorial Balfour Park in Spokane Valley, with this funding having been repurposed from the 2022 state capital budget.
  • $130,000 for natural areas facilities preservation and access.
  • $100,000 for Mount Spokane Ski and Snowboard Park in Mead.
  • $100,000 for the Spokane Valley Heritage Museum.
  • $100,000 from the Building Communities Fund Grant Program for expansion of the public food business incubator.
  • $40,000 to fund appraisals of two pieces of property: one in Liberty Lake that is being considered as the possible new location for the Army National Guard unit, and the other at Geiger Field, where the unit is located.

The capital budget funds the construction and maintenance of state buildings, public-school matching grants, higher-education facilities, public lands, parks, and other assets.

Thanks to Senate office staff

With my session staff, Ethan Mettlin (left) and Irina Dolbinina (middle).

A special thanks goes to my Senate office staff for their terrific work throughout the legislative session. Irina Dolbinina, who served as my office intern several years ago, returned this year to be my session aide. During session, Irina became my legislative assistant when my previous LA, Scott Staley, had to leave for family reasons. With this session over, Irina is returning to her law practice in Vancouver, Washington.

Ethan Mettlin began the year as my session intern, but he was promoted to session aide when Irina became legislative assistant. Ethan served the office well in his temporary position. Ethan is finishing his studies at Central Washington University.

Best of luck to Irina and Ethan in their future endeavors!

With their departure, Annalise Hemingway will become my new legislative assistant next Monday, May 1. Annalise was my intern in the 2022 session. She will work in my district office in Spokane Valley during the interim months. The district office phone number is 509-921-2460.

Updated 4th District government guide still available

Every year or two, our office produces and mails a 4th District government guide to residents of our legislative district. With the help of my staff, we recently produced and sent out an updated government guide that includes helpful contact information on your local, state and federal government elected officials, as well as other government services. The online version of the new government guide can be found here.

If you did not receive the new government guide and would like a printed copy, please contact my district office at 509-921-2460, starting May 1.

No drug-possession bill passed at end of session

One of the failures of this session was the House’s inability to pass a bill that fixes a flawed law from two years ago that deals with punishment for drug possession.

In February 2021, in the state Supreme Court’s decision in State v. Blake, justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. The Blake decision essentially decriminalized the possession and use of drugs like heroin, methamphetamine and fentanyl. 

After the Blake ruling, the Democrat-led Legislature passed a law in response to the decision. The new law reduced the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. It is widely agreed that this law did not work, and it expires this year.

As a result of the expiring law, the Legislature this year needed to pass a new drug-possession law (known by some as the “Blake fix”) or else hard drugs literally will be legal in our state. Without a state law clarifying the penalties for possessing certain drugs, it is possible that cities and counties might enact their own drug-possession laws, creating inconsistent drug laws in which one city could have tough penalties on possession while a nearby city might not have any penalty at all. 

The Senate passed its version of this proposal, Senate Bill 5536 in March. (I voted against it because possession of hard drugs like fentanyl, heroin and methamphetamine should be a felony. Making it a felony for hard-drug possession would provide leverage so people can get into successful treatment programs like drug court.) The Senate version declared that illegally possessing hard drugs is a gross misdemeanor while possessing other classes of drugs is a misdemeanor. Under the Senate-passed proposal, if a defendant successfully completes a pretrial diversion program, the drug-possession charge would be dropped and jail time is avoided. If someone is convicted of possessing drugs and agrees to an assessment and complies with drug treatment, the jail sentence is suspended.   

On April 11, the House approved a different version of the bill, one that the Senate refused to accept. I was part of a six-member conference committee (four Democrats, two Republicans) that met late last week to work on a compromise version of the bill. However, when that compromise proposal reached the House floor Sunday night, it failed 55-43, as several Democrats and all of the Republicans voted against it. Had the Democrats on the conference committee implemented some of the Republican suggestions to the bill, I think many Republicans in the House would have voted for the compromise bill.

Legislature fails to make substantial progress against impaired driving

One of the failures this session was the House’s inability to pass meaningful legislation that would help combat impaired driving.

In the final days of the session, a bill that represented a significant step toward addressing impaired driving stalled because of inaction by House Democrats. Apparently, certain legislators did not want this stronger approach for one reason or another. As a result, our state likely will continue to see even more traffic accidents and traffic deaths because of impaired driving. The people of Washington deserve better.

According to statistics compiled by the Washington Traffic Safety Commission, Washington road deaths reached a 20-year high in 2021. There were 670 traffic deaths in 2021, including 272 fatalities involving drug-impaired driving and 155 deaths involving alcohol-impaired driving. In 2020, Washington had 574 traffic fatalities, including 214 involving drug-impaired driving and 135 involving alcohol-impaired driving. The commission has a current preliminary estimate of 745 traffic fatalities in 2022. No 2022 figures on traffic deaths involving drug- or alcohol-impaired driving are available yet, but I expect the number will be significant.

House Bill 1493 is the proposal that would have addressed impaired driving. The version passed by the Senate included language from Senate Bill 5032, my bipartisan measure that would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. Under SB 5032, any person who has three or more prior DUI offenses within that 15-year lookback period would face a felony, rather than the current penalty of a gross misdemeanor. SB 5032 would give offenders a chance to undergo a highly structured treatment program.

After the House refused to concur (or agree) with the Senate’s amended version of HB 1493, the Senate last week voted to recede from its original amendments to the bill and then added a floor amendment that included language found in SB 5032 before unanimously passing the newly amended HB 1493. In other words, the Senate passed the policy language for SB 5032 three times this session, and the Senate approved HB 1493 twice this year.

However, the House did not bring the latest version of HB 1493 to the floor for a vote before session adjourned Sunday night. The inaction by the House to bring it up for a vote is mind-boggling and a huge disappointment.

It was the third straight year that the life-saving policy found in SB 5032 had been approved by the Senate, only to be rejected by the House.

Another disappointment was the late decision to remove $400,000 from the 2023-25 state transportation budget – money to evaluate the outcomes and effectiveness of oral swab tests to detect alcohol/drug combination DUI violations. The evaluation would have been handled by the Washington Traffic Safety Commission, through a pilot program established before next March.

That funding would have allowed law enforcement to see how effective the oral-swab tests would help in determining if drivers were legally impaired. The funding was part of the Senate transportation budget plan, so it’s very disappointing that it was yanked out at the last minute.  

Despite these setbacks, there was a measure of good news in the effort to curtail impaired driving. The new operating budget includes ongoing funding for drug courts; also, the operating budget and the new transportation budget together provide roughly a $6 million increase for toxicology labs, primarily to deal with backlogs and to open a new lab in Federal Way.

Earlier this week, KVI Radio talk-show host Ari Hoffman interviewed me about the inability of the House to pass House Bill 1493. We also discussed SB 5058, my bill to make it easier for smaller condominium buildings to be constructed. You can listen to that interview here.   

Contact us!

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

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

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 statement on Senate’s passage of Senate Bill 5536

The Senate last night voted 28-21 to pass Senate Bill 5536, which aims to provide a long-term solution to the state’s drug laws after the state Supreme Court overturned the state’s drug-possession law in 2021. The bill declares that possession of fentanyl, cocaine, heroin and methamphetamine would be charged as a gross misdemeanor.

Sen. Mike Padden, the ranking Republican on the Senate Law and Justice Committee, issued this statement after the Senate’s approval of SB 5536:

“This bill does not go far enough to provide the leverage needed to help people get off dangerous drugs. It’s disappointing that the Senate did not restore making possession of fentanyl and other hard drugs a felony, as it was before the Supreme Court upended our state’s drug laws in the Blake decision two years ago. The threat of a longer sentence is a needed motivation for drug offenders to undergo treatment. We need a balance between accountability and treatment that this legislation doesn’t achieve.

“In recent years, our state has endured a startling increase in drug-overdose deaths, and two-thirds of these deaths involve fentanyl. Law enforcement in our state has pointed out the importance of tougher penalties for drug possession in order to compel drug users to get the treatment they need to hopefully become clean. I’m concerned that we are missing the chance to create a true ‘carrot-and-stick’ approach to combat drug use in Washington.

“The current law does not work. While Senate Bill 5536 is an improvement over the status quo, it does not go far enough to make meaningful and needed changes to our state’s drug laws.”

Padden, R-Spokane Valley, serves the 4th Legislative District.

SB 5536 now goes to the House of Representatives for further consideration.

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.

Senate Republicans unveil trio of bills to improve public safety

Two members of the Senate Republican Caucus have prefiled bills for the 2023 legislative session that aim to reverse recent criminal-friendly laws passed by Democratic majorities.

“One of our main goals this session is to advance bills that will help make people and communities safer in our state,” said Sen. Mike Padden, R-Spokane Valley, who is ranking Republican on the Senate Law and Justice Committee and was a Spokane County District Court judge from March 1995 until January 2007. “Unfortunately, thanks in large part to harmful laws passed by our Democratic colleagues, many people throughout Washington are feeling less safe in recent years. They have every right to expect the Legislature to take action to reverse this alarming increase in crime.”

The three key public-safety proposals introduced by Padden and a Senate Republican colleague include:

Senate Bill 5034, prime-sponsored by Padden, would change state law to again make it easier for law-enforcement officers to pursue suspects in vehicles. In 2021, the Legislature changed the legal standard required for officers to engage in vehicular pursuits, limiting law enforcement’s ability to pursue and detain suspects.

“It’s no coincidence that crime has dramatically increased since this law was passed because it has severely restricted law-enforcement officers from pursuing suspects. Until we make it easier for officers to do their job, we’ll continue to see this spike in crime. Communities deserve better,” said Padden.

Senate Bill 5035, introduced by Padden, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony with diversion opportunities and drug court.

“In 2021 the Democratic majorities in the Legislature passed SB 5476, which reduced the penalty for drug possession to an unenforceable misdemeanor that does not effectively utilize data-supported drug court programs. It’s no wonder fatal drug overdoses are expected to hit record numbers in Washington this year. The Democrats’ law that decriminalized drugs has been an absolute and costly failure,” said Padden.

Senate Bill 5011, prefiled by Sen. Lynda Wilson, R-Vancouver, supports her recent vow to restore second-degree robbery to the list of offenses counted as a strike under Washington’s voter-approved “three-strikes” law. Majority Democrats had dropped that crime from the list in 2019, then applied the change retroactively in 2021 – which allowed Clark County child-rapist and murderer Roy Wayne Russell, Jr. to evade the mandatory life-without-parole sentence that comes with a third “strike.”

“There are more on the lifer list who could be resentenced and walk free someday. It’s as though the majority did this with no regard for the victims’ families,” said Wilson. “We need laws that are fair to victims, and this mistake needs to be fixed. I hope those who thought weakening the law was a good idea will recognize the error they made and join us to correct it.”

The 2023 legislative session is scheduled to begin on Jan. 9 and end on April 23.