WA People
BILL · 2023–24 SESSION · LATEST VERSION 2E2SSB 5536

SB 5536: Controlled substances

Concerning controlled substances, counterfeit substances, and legend drug possession and treatment.

Summary

  • Modifies certain regulations and prohibitions under the Uniform Controlled Substances Act and related provisions of state law, including by modifying the conduct that constitutes certain drug possession offenses and the related penalties, establishing the gross misdemeanor offenses of Use of a Controlled Substance in a Public Place and Use of a Counterfeit Substance in a Public Place, and establishing the misdemeanor offense of Use of a Legend Drug in a Public Place.
  • Modifies the scope of the civil infraction for giving, selling, or permitting the giving or selling of drug paraphernalia, and establishes the state's preemption of the entire field of drug paraphernalia regulation, subject to certain exceptions.
  • Establishes a pretrial diversion opportunity for persons charged with qualifying drug offenses.
  • Requires the court to dismiss a defendant's charge for a qualifying drug offense if the defendant successfully completes pretrial diversion, and vacate a person's conviction for a qualifying drug offense if the person completes a substance use disorder (SUD) program or substantially complies with recommended treatment or services for six months.
  • Repeals the provision requiring law enforcement to offer a person who would otherwise be subject to arrest for qualifying drug offenses two referrals to assessment and services in lieu of legal system involvement prior to booking the person into jail and referring the case for prosecution.
  • Requires the Washington State Patrol, beginning January 1, 2025, to aim to complete the necessary analysis for evidence submitted for suspected violations of certain drug offenses within 45 days of receiving the request for analysis.

From the Second Engrossed Second Substitute House Bill Report (2E2SSB 5536), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 1, Laws of 2023, 1st Special Session
  1. IntroducedJan 23, 2023
  2. Out of committeeFeb 24, 2023
  3. Passed SenateMar 3, 2023
  4. Passed HouseApr 11, 2023
  5. GovernorMay 16, 2023
  6. LawMay 16, 2023
Prime sponsor
June Robinson (D-38)
Introduced
January 23, 2023 in the Senate
Last action
May 16, 2023
Session law
Chapter 1, Laws of 2023, 1st Special Session
Budget
Has a fiscal note
Versions
SB 5536, SSB 5536, 2E2SSB 5536

AN ACT Relating to justice system and behavioral health responses for persons experiencing circumstances that involve controlled substances, counterfeit substances, legend drugs, and drug paraphernalia;

Sponsors

Prime sponsor: June Robinson (D-38)

15 co-sponsors (15 Democrats, 0 Republicans)

John Lovick D-44Christine Rolfes D-23Mark Mullet D-5Manka Dhingra D-45Andy Billig D-3Bob Hasegawa D-11Karen Keiser D-33Patty Kuderer D-48Marko Liias D-21Liz Lovelett D-40T'wina Nobles D-28Emily Randall D-26Derek Stanford D-1Lisa Wellman D-41Claire Wilson D-30

Votes

Senate · 3rd Reading & Final Passage

Passed March 3, 2023
Version voted on: 2E2SSB 5536
28 Yea 21 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat141500
Republican14600
How each member voted
Permalink to this vote

House · Final Passage as Amended by the House

Passed April 11, 2023
Version voted on: 2E2SSB 5536
54 Yea 41 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat51502
Republican33601
How each member voted

Yea (54)

Permalink to this vote

House · Final Passage as recommended by the Conference Committee

Failed April 23, 2023
Version voted on: 2E2SSB 5536
43 Yea 55 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat431500
Republican04000
How each member voted

Nay (55)

Permalink to this vote

House · 3rd Reading & Final Passage

Passed May 16, 2023
Version voted on: 2E2SSB 5536
83 Yea 13 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat48901
Republican35401
How each member voted

Yea (83)

Excused (2)

Permalink to this vote

Senate · 3rd Reading & Final Passage

Passed May 16, 2023
Version voted on: 2E2SSB 5536
43 Yea 6 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat26300
Republican17300
How each member voted
Permalink to this vote
5 other recorded votes (amendments, procedural motions)

House · Amendment 713 by Mosbrucker (page 2, line 37)

April 11, 2023
Version voted on: 2E2SSB 5536
44 Yea 51 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat55102
Republican39001
How each member voted

Nay (51)

Permalink to this vote

House · Amendment 679 by Maycumber (page 15, line 19)

April 11, 2023
Version voted on: 2E2SSB 5536
45 Yea 50 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat65002
Republican39001
How each member voted

Nay (50)

Permalink to this vote

House · Amendment 711 by Griffey (page 26, line 34)

April 11, 2023
Version voted on: 2E2SSB 5536
41 Yea 54 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat25402
Republican39001
How each member voted

Nay (54)

Permalink to this vote

House · Amendment 709 by Graham (page 44, line 10)

April 11, 2023
Version voted on: 2E2SSB 5536
95 Yea 0 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat56002
Republican39001
How each member voted

Yea (95)

Permalink to this vote

House · Amendment 717 by Maycumber (page 10, line 16)

April 11, 2023
Version voted on: 2E2SSB 5536
44 Yea 51 Nay 0 Absent 3 Excused
PartyYeaNayAbsentExcused
Democrat55102
Republican39001
How each member voted

Nay (51)

Permalink to this vote

History

  1. Rules suspended. Placed on Third Reading. (2E2SSB 5536)
  2. Floor amendment(s) adopted. (2E2SSB 5536)
  3. Rules Committee relieved of further consideration. Rules suspended. Returned to second reading for amendment. (2E2SSB 5536)
  4. Rules suspended. (2E2SSB 5536)
  5. By resolution, reintroduced and retained in present status. (2E2SSB 5536)
  6. Read first time, rules suspended, and placed on second reading calendar. (2E2SSB 5536)
  7. Third reading, passed; yeas, 43; nays, 6; absent, 0; excused, 0. (2E2SSB 5536)
  8. Effective date 8/15/2023*. (2E2SSB 5536)
  9. Delivered to Governor. (2E2SSB 5536)
  10. Speaker signed. (2E2SSB 5536)
  11. President signed. (2E2SSB 5536)
  12. Third reading, passed; yeas, 83; nays, 13; absent, 0; excused, 2. (2E2SSB 5536)
  13. Rules suspended. Placed on Third Reading. (2E2SSB 5536)
  14. Chapter 1, 2023 Laws 1st Special Session. (2E2SSB 5536)
  15. Governor signed. (2E2SSB 5536)
  16. Failed final passage as recommended by conference committee; yeas, 43; nays, 55; absent, 0; excused, 0. (2E2SSB 5536)
  17. Conference committee report adopted. (2E2SSB 5536)
  18. By resolution, returned to Senate Rules Committee for third reading. (2E2SSB 5536)
  19. Conference committee report; received 7:00 PM 4/22/2023. (2E2SSB 5536)
  20. Conference committee report; received 6:31 PM 4/22/2023. (2E2SSB 5536)
  21. Conference committee appointed. Representatives Goodman, Taylor, Mosbrucker. (2E2SSB 5536)
  22. Conference committee request granted. (2E2SSB 5536)
  23. Conference committee appointed. Senators Robinson, Dhingra, Padden. (2E2SSB 5536)
  24. Senate refuses to concur in House amendments. Asks House for conference thereon. (2E2SSB 5536)
  25. Committee amendment not adopted. (2E2SSB 5536)
  26. Third reading, passed; yeas, 54; nays, 41; absent, 0; excused, 3. (2E2SSB 5536)
  27. Rules suspended. Placed on Third Reading. (2E2SSB 5536)
  28. Floor amendment(s) adopted. (2E2SSB 5536)
  29. Rules Committee relieved of further consideration. Placed on second reading. (2E2SSB 5536)
  30. Minority; without recommendation. (2E2SSB 5536)
  31. Minority; do not pass. (2E2SSB 5536)
  32. APP - Majority; do pass with amendment(s) but without amendment(s) by Community Safety, Justice, & Reentry. (2E2SSB 5536)
  33. APP - Executive action taken by committee. (2E2SSB 5536)
  34. Referred to Rules 2 Review. (2E2SSB 5536)
  35. Referred to Appropriations. (2E2SSB 5536)
  36. CSJR - Executive action taken by committee. (2E2SSB 5536)
  37. Minority; do not pass. (2E2SSB 5536)
  38. CSJR - Majority; do pass with amendment(s) by Community Safety, Justice, & Reentry. (2E2SSB 5536)
  39. First reading, referred to Community Safety, Justice, & Reentry. (2E2SSB 5536)
  40. Third reading, passed; yeas, 28; nays, 21; absent, 0; excused, 0. (2E2SSB 5536)
  41. Rules suspended. Placed on Third Reading. (2E2SSB 5536)
  42. Floor amendment(s) adopted. (2E2SSB 5536)
  43. 2nd substitute bill substituted. (2E2SSB 5536)
  44. 2nd substitute bill substituted. (SSB 5536)
  45. 2nd substitute bill substituted.
  46. Placed on second reading by Rules Committee. (2E2SSB 5536)
  47. Placed on second reading by Rules Committee. (SSB 5536)
  48. Placed on second reading by Rules Committee.
  49. Passed to Rules Committee for second reading. (2E2SSB 5536)
  50. Passed to Rules Committee for second reading. (SSB 5536)
  51. Passed to Rules Committee for second reading.
  52. Minority; without recommendation. (2E2SSB 5536)
  53. Minority; do not pass. (2E2SSB 5536)
  54. WM - Majority; 2nd substitute bill be substituted, do pass. (2E2SSB 5536)
  55. WM - Majority; 2nd substitute bill be substituted, do pass. (SSB 5536)
  56. Minority; do not pass. (SSB 5536)
  57. Minority; without recommendation. (SSB 5536)
  58. Minority; without recommendation.
  59. Minority; do not pass.
  60. WM - Majority; 2nd substitute bill be substituted, do pass.
  61. Referred to Ways & Means. (SSB 5536)
  62. Referred to Ways & Means.
  63. LAW - Majority; 1st substitute bill be substituted, do pass. (SSB 5536)
  64. And refer to Ways & Means. (SSB 5536)
  65. Minority; without recommendation. (SSB 5536)
  66. Minority; do not pass. (SSB 5536)
  67. Minority; do not pass.
  68. Minority; without recommendation.
  69. And refer to Ways & Means.
  70. LAW - Majority; 1st substitute bill be substituted, do pass.
  71. First reading, referred to Law & Justice.

SB 5536 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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