The ‘Blake’ decision and state revenue news

In a stunning 5-4 decision, the Washington State Supreme Court recently ruled the state’s felony drug possession law unconstitutional. Essentially, the mere act of finding an illicit substance on someone’s person or on their property is no longer considered an arrestable offense. The ruling in State v. Blake decriminalizes the possession of all drugs, including methamphetamine, heroin and cocaine.

The court’s decision reverses decades of convictions, related fines and imprisonment – leaving cities, counties, prosecutors and law enforcement unsure how to proceed. I have already heard from law enforcement, local elected officials and others in the 10th District about how damaging this ruling has been.

As local governments across the state scramble to deal with the aftermath, legislators have been responding with real legislative solutions. This week, a package of bills was introduced to address the public safety issues caused by the court’s decision, including:

House Bill 1558 would promote recovery and improve public safety by providing behavioral health system responses to individuals with substance use disorder and provide training to law enforcement personnel.

House Bill 1559 would provide a behavioral health response to juveniles consuming controlled substances.

House Bill 1560 would consider the mental state element of a person’s intention to knowingly commit a crime (mens rea) involving offenses related to possession of substances.

House Bill 1561 would expand offenses and penalties for manufacture, sale, distribution and other conduct involving controlled substances and counterfeit substances.

House Bill 1562 would allow local governments to enact laws and ordinances relating to possession of controlled substances and counterfeit substances.

In other legislative news, Washington state budget writers have learned that despite the devastating impact of the pandemic on individuals, families and businesses, state tax collections are up more than $3.29 billion over the four-year outlook. The much-feared catastrophic budgeting shortfall never materialized.

In fact, the overall financial picture for the state is extremely positive. The last three revenue forecasts have put us back to pre-pandemic revenue levels. With the federal stimulus money soon to arrive – bringing $4.1 billion in recovery dollars for local, county and state governments and $3 billion in relief for K-12 schools, higher education and child care – the state has more than enough to fund its priorities and provide significant COVID-19 relief.

With no state budgeting shortfalls in sight, tax increases are not only unnecessary, but downright absurd. And yet, several tax increase measures are being pushed this legislative session including the income tax on capital gains, Senate Bill 5096.

With tax revenue and federal money pouring into state coffers, supporters have few arguments left when explaining the necessity of imposing new taxes. The debate should be centered on tax relief, not increases.

More than 228,600 Washingtonians are still unemployed, according to the latest Employment Security Department report. Instead of emptying pocketbooks, legislators should focus on financial relief for those hit the hardest by COVID-19 – struggling individuals, families and small businesses.