After failing to make progress last session, the Washington State Republican Party is trying again to introduce tougher penalties for crimes involving fentanyl. They’ve proposed a new law, House Bill 1000, which could make dealing, trafficking, and possessing fentanyl more serious offenses.
The bill was introduced by Rep. Jim Walsh (R-Aberdeen), who is also the chair of the Washington State Republican Party. Walsh had tried to pass a similar bill before, but it didn’t move forward for a vote. This time, he hopes for better results.
If passed, the bill would add fentanyl-related crimes to a list of “major violations” under the state’s Uniform Controlled Substances Act. These crimes would carry harsher sentences. The bill focuses on cases where fentanyl dealing, distributing, or manufacturing leads to serious harm, permanent brain damage, or death.
Walsh said the goal is to make fentanyl-related crimes criminal again, especially trafficking and dealing, but possibly possession as well.
This push comes after a 2021 decision by the Washington Supreme Court, known as the Blake Decision. In that case, the court ruled the state’s drug possession law unconstitutional because it punished people even if they didn’t know they had the drugs. For example, a woman in Spokane claimed she didn’t know her pants contained methamphetamine. The decision led to widespread decriminalization of drug possession, costing the state millions. Lawmakers later revised the law to make intentional drug possession a misdemeanor.
Walsh criticized how the state handled the issue, saying they could have simply added the word “knowingly” to the law. He also agreed with the court’s view that changes were necessary but thinks the state took the wrong approach.
Fentanyl has become a major crisis across the U.S., now the leading cause of death for people aged 18 to 45. The Drug Enforcement Administration (DEA) seized record amounts of fentanyl last year, enough to kill every American, including over 77 million pills and nearly 12 pounds of powder.
Washington’s location near major highways like I-5 and I-90 makes it a key hub for fentanyl trafficking. In 2023, the DEA’s Seattle division seized over 280 pounds of fentanyl powder and 3.7 million pills. Even with these efforts, at least 1,085 people in King County, the state’s most populous area, died from fentanyl last year—a 47% increase from 2022.
Walsh emphasized that the bill isn’t about punishing addicts but helping them. “We want addicts to get treatment,” he said. By making fentanyl crimes serious offenses again, Walsh hopes drug courts can push people to choose rehabilitation or face criminal charges.