Decriminalizing Drugs: Will Washington Follow Oregon's Footsteps?

SEATTLE, WA – When it comes to progressive drug policy, Oregon and Washington are never far behind each other. In 1998, both states moved to legalize medical marijuana. In 2012, Washington became the second state to legalize recreational marijuana with Oregon trailing behind by only two years.

Both Oregon and Washington had ballot measures regarding decriminalization of hard drugs brought forward by their residents this year. Oregon voters approved ballot Measure 110 by a large margin.

However, Washington’s similar Initiative 1715 failed to collect the necessary signatures to appear on the 2020 ballot due to the ongoing pandemic.

“Especially because our campaign has a huge focus on using a public health approach, it felt against our values to try and pursue in-person signatures,” Christina Blocker of Treatment First Washington, which was a part of the signature gathering effort, said.

Now that Oregon’s ballot measure has shown the political viability of decriminalization policies, proposed legislation to decriminalize drug use will be officially announced in the next few weeks, according to Blocker. For now, organizers are keeping specifics of the bill quiet.

“The title of it, The Treatment and Recovery Act, is very compelling,” said Rep. Frank Chopp who was approached to be a potential cosponsor of the bill. “Who could be against treatment and recovery?”

Despite Chopp’s optimism, the results of Measure 110 in Oregon don’t suggest there will be bipartisan support in this state. The majority of voters in eastern Oregon voted against the measure to approach drugs as a public health crisis. Disapproval by Oregon’s conservative counties could foreshadow a partisan conflict in Washington.

Washington is divided both geographically and politically by the Cascade Mountains. While Democratic president-elect Joe Biden took the state in the recent election, the eastern half of the state went heavily for President Donald Trump.

“It's ingrained in the American psyche that drugs are bad and we should punish people,” Dorian Waller of Treatment First Washington said. “We can see that the stigma could become a partisan issue.”

Even the legalization of recreational marijuana, which feels like a moderate policy in comparison, has yet to break through many states. However, proponents think decriminalization policies can appeal to conservatives.

“A lot of conservatives are against the government interfering with their lives and the drug war has really been that,” Matt Sutton, director of media relations at Drug Policy Alliance said. Sutton believes the criminal approach to drugs can infringe on people’s constitutional rights, especially the Fourth Amendment that protects against unwarranted search and seizure.

Another common concern among conservative lawmakers and voters is tax increases.

With that in mind, the potential Treatment and Recovery Act would be funded by diverting some of the existing tax revenue from marijuana sales, according to Waller.

Conservative opposition does not appear to be a considerable threat to supporters of decriminalization. Progressive policy in Washington state often passes with huge majorities in King, Snohomish and Pierce counties, which make up the bulk of the state’s population.

Contrary to the regional divide in Oregon, when organizers initially tried to collect signatures via mail-in petition, Blocker said they found support across the state.

Chopp also seems hopeful that Washington lawmakers, regardless of political affiliation, will be receptive to the proposed bill and noted that amendments can be made to address any concerns.

Sutton, who was involved in the ballot measure in Oregon, sees a different set of challenges in making these changes through the state legislature.

“With state lawmakers, the system is a little rigged,” Sutton said. “If they support policies they know are right, they have to worry about those who disagree and how that will affect their reelection.”

Representatives from Treatment First Washington were not ready to disclose if any of the potential sponsors of the bill were from eastern or conservative counties.

Lawmakers in Western Washington can see these types of policies in action in King and Snohomish counties where local officials made the decision to stop charging people for personal drug possession in 2019.

Eastern Washington legislators may find their constituents to be more in line with eastern Oregon voters especially with less existing healthcare infrastructure such as treatment centers to support this new approach in rural areas.

“Every region has its challenges: what policies work in Snohomish or King County, it's hard to say if they would have like impact elsewhere,” Blocker said.

Blocker was excited about a two-year long rollout plan she called “thoughtful” if the Treatment and Recovery act should be passed as is. This plan includes an advisory board staffed with professionals from different perspectives who would strategize implementation for different regions.

Overall, proponents did not see this new treatment first approach to drugs as a “liberal” policy. Democrats and Republicans alike have been touched by the personal and financial costs of substance abuse. Waller hopes that the proximity to the issue trumps political bias.

“This crosses race, this crosses class, this crosses the political spectrum, this crosses the state: everyone knows someone who needs help,” Waller said.