Comment: State must adopt balanced approach to possession

By Cassie Franklin, Brett Gailey, Jon Nehring and Russell Wiita / For The Herald

Gov. Jay Inslee has called the Legislature into special session on May 16 to enact new statewide legislation dealing with drug possession. Let’s hope that lawmakers are successful in finding the compromise that eluded them during the regular session.

Members of Snohomish County’s legislative delegation, and especially Sen. June Robinson, D-Everett, must be commended for their efforts to strike a balance between treatment for those suffering from substance abuse disorder and accountability for individual behavior. That balance was reflected in the Senate’s version of the legislation, but the House tipped the scales too far, removing key accountability provisions necessary to provide incentives for individuals to enter and complete treatment.

The fact that these differences couldn’t be resolved is unfortunate, but does not diminish the hard work that our local legislators put into the effort.

As local elected officials, we know that public safety is the No. 1 issue for our constituents. We know that the current stop-gap law, which enables far too many crimes to be committed by those struggling with addiction, isn’t working. Changes are needed.

If the Legislature can’t find a solution that works, we are prepared to enact local ordinances that work for our communities. In fact, many cities across the county — and across the entire state — are already in the process of doing so, in case state lawmakers remain deadlocked. Many of us are sharing our ordinances so there will be some level of consistency even without state action.

We recognize that a statewide standard in how we deal with those who possess or use drugs on our streets can be better than a collection of local ordinances, provided that the provisions of any state law do three things:

First, state law must effectively balance enforcement and treatment. Enforcing the law should not require officers to observe individuals both possessing and using drugs before being allowed to detain them. That’s the way the last version of the bill in Olympia read, and it sets an unreasonable standard for enforcement. Officers can respond to a call within minutes and not observe actual drug use, but know with complete confidence that a person has been using.

Similarly, we can’t continue to accept today’s revolving door, in which offenders have little to no incentive to enter treatment and face virtually no consequences if they walk away before completing it. There are times when a jail sentence is the best option for an individual until they can get the more intensive help they need. It’s also important to understand that today’s jails are very different from the stereotypical cellblocks of the past. A modern jail is designed and staffed to offer treatment to those with substance abuse issues. There can be nurses, medications, controlled detox support, and social workers, all to help treat an individual’s underlying addiction issues rather than simply locking them up as punishment.

We have to think differently about how to use existing facilities to help provide treatment options. It’s going to take time to build — and staff — new treatment centers.

Second, state law must allow flexibility for local jurisdictions to customize some provisions to meet the needs of their local communities. What works for Everett as Snohomish County’s largest city will be different than what works for a smaller, more suburban town like Woodway. The last version of the drug possession bill under consideration in Olympia mandated local communities to operate harm-reduction sites, such as needle exchanges and safe injection sites for adults and youth. Such sites may not be appropriate in all communities. More importantly, we don’t believe that there is anything safe about an injection site for youths, as young people with addiction issues are much more likely to fall victim to abuse or human trafficking.

Local governments should be permitted to pursue local strategies, but they should not be shackled with state mandates that don’t meet the needs of their communities.

Finally, the state must provide adequate funding to implement the law. We need more funding for social services, treatment centers, and post-treatment support, as well as for local law enforcement and a judicial system that’s overwhelmed with the volume of drug-related cases. We need to use all available resources to attack the drug crisis in Snohomish County from every angle.

The legislation that died in the waning hours of the regular session would have provided hundreds of millions in critically needed new funding. Whatever comes out of the special session must do so as well.

There are no magic bullets in addressing our drug addiction and public safety challenges. But working together, we can make meaningful progress in helping those with addiction and protecting our local communities.

Snohomish County Mayors Cassie Franklin of Everett, Brett Gailey of Lake Stevens, Jon Nehring of Marysville and Russell Wiita of Sultan serve as the steering committee for the Mayors and Business Leaders for Public Safety coalition.