After failing to get things going last session, the Washington State Republican Party is trying to make dealing, trafficking, and having fentanyl more dangerous by proposing laws that would mean tougher punishments if passed.
House Bill 1000 was filed by Rep. Jim Walsh, D-Aberdeen, on Tuesday, before the 2025 parliamentary session. Walsh is the chair of the Washington State Republican Party. The last time around, Walsh tried to get the same bill passed, but it never got to a committee for a vote and did not pass the House.
The state would include fentanyl in what HB 1000 calls a “major violation” of the Uniform Controlled Substances Act. Major violations of the UCSA lead to sentences that are longer than the normal range. Opioids, which are popular but dangerous, would be added to this list.
If the bill is passed, it would add the following to the UCSA: “The current offense involved the knowing delivery or distribution of fentanyl, precursor chemicals used in the illegal manufacture of fentanyl, or a counterfeit substance containing fentanyl, and caused substantial bodily harm as defined in RCW 9A.04.110, permanent impairment of cognitive functions, or death of another person.”
Walsh told The Center Square that the goal is to make fentanyl-related crimes again criminal crimes, mostly trafficking and dealing, but that it could also apply to possession.
In the 2021 Blake Decision, the Washington Supreme Court threw out the state’s drug possession rule. The decision came after a case in which a woman from Spokane said she didn’t know her friend gave her methamphetamine-laced pants.
The court said the law was unconstitutional because it made possessing something without knowing it to be illegal. That was until two years later when the Legislature held a special session to fix the mistake that cost taxpayers millions of dollars. They decided to make intentional possession a gross misdemeanor.
“We should have fixed it the first time by adding the word “knowingly” to the law.” That’s not what we did. “We went on this long journey of decriminalization and semi-decriminalization,” Walsh said. “You know, I don’t always agree with the state Supreme Court, but I did in this case.” I know that we need to add “because.”
Over the past few years, the amount of fentanyl on the street has hit a crisis point. It is now the leading cause of death for people aged 18 to 45 across the country. The DEA says they found “enough to kill every American” and over 77 million fentanyl pills and almost 12 pounds of powder last year. This is the most they’ve ever found in a single year.
For example, Washington is near Interstate 5, Interstate 405 and Interstate 90, which makes it an easy place for traffickers to go to get to other states in the north and east. According to DEA reports, the Seattle Field Division seized more than 280 pounds of powder and 3.7 million fentanyl pills last year.
The DEA took 4.8 million lethal doses off the streets in Washington alone last year from the drugs they found. Even so, at least 1,085 people died from fentanyl in King County, which has the most people in the state. This is a rise of about 47% from 2022 to 2023, according to data from the DEA.
“The plan to change the rules is not meant to be mean to addicts.” Walsh said, “We want addicts to get help.” The drug courts are having a tough time getting people to agree to diversion. Let’s make it a crime again. Let’s give these people a real choice in court. You need to get help and stay sober, or you will be charged with a crime.
