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1 correction found
Oregon and Washington both effectively decriminalized the possession of small amounts of all controlled substances, replacing potential prison sentences with a regime of minimal fines.
This overstates what happened in Washington. Oregon adopted a $100 civil violation for most low-level possession under Measure 110, but Washington did not replace possession penalties with minimal fines; after the Blake ruling, lawmakers made knowing possession a criminal gross misdemeanor with possible jail and mandated diversion for first and second offenses.
Full reasoning
The sentence inaccurately treats Oregon and Washington as if they adopted the same policy.
Oregon: Measure 110 did reduce most possession offenses to a noncriminal violation with a maximum $100 fine effective February 1, 2021.
Washington: That is not what happened. On February 25, 2021, the Washington Supreme Court's State v. Blake decision voided the old simple-possession statute. But Washington did not then put in place a civil-ticketing system with only minimal fines. Instead, the Legislature enacted SB 5476, effective July 25, 2021, which recriminalized knowing possession as a gross misdemeanor and required prosecutors to divert first and second possession cases. A gross misdemeanor is a criminal offense, not a civil fine-only regime.
So it is inaccurate to say that both states "replac[ed] potential prison sentences with a regime of minimal fines." That description fits Oregon's 2021 Measure 110 far better than Washington's post-Blake framework, which restored criminal penalties and possible jail time. It is also misleading to describe Washington's 2021 change as decriminalizing only "small amounts," because the 2021 statute addressed knowing possession generally rather than creating Oregon-style low-amount civil violations.
4 sources
- Department of Administrative Services : Ballot Measure 110 Savings : Office of Economic Analysis : State of Oregon
BM 110 reduced the penalties for most Possession of a Controlled Substance (PCS) offenses from a felony or misdemeanor to a new Class E violation, punishable with a $100 maximum fine. This change went into effect on February 1, 2021.
- Frequently Asked Questions | Washington State Department of Corrections
On February 25, 2021, the Washington State Supreme Court issued an opinion in State of Washington v. Blake, declaring that RCW 69.50.4013, Washington's simple possession of a controlled substance statute, violates the due process clause of the state and federal constitutions and is therefore void.
- 5476.E SBR APS 21
Brief Summary of Engrossed Bill: Reduces the criminal penalty for possession of a controlled or counterfeit substance from a felony to a gross misdemeanor. Requires the prosecutor to divert a person's first and second violations for possession of a controlled substance, counterfeit substance, or legend drug...
- SB 5476 Washington State Legislature
Chapter 311, 2021 Laws PV. Effective date 7/25/2021*.