Evolving Drug Policy in Washington: Trends in Jail Admissions - Criminalization, Decriminalization (Blake Decision), and Recriminalization, 2020–⁠2023

• In Event: Substance Use Policy, Institutions, and Enforcement Contexts

Abstract

This study investigates trends in jail admissions from 2020–⁠2023. In February 2021, the Washington State Supreme Court ruled that the longstanding felony statute on drug possession was unconstitutional, effectively decriminalizing possession of small quantities of drugs. This change was followed by legislative actions that recriminalized possession as a misdemeanor in July 2021, and later, as a gross misdemeanor in July 2023. Using administrative data obtained from the Washington Association of Sheriffs and Police Chiefs (WASPC), preliminary analyses, of approximately 9,000 pretrial jail bookings from January 2020 to December 2022, reveal key patterns. Post-decriminalization, there was a significant reduction in monthly bookings for drug possession – from an average of 475 to 112, a 76% reduction. Individuals also experienced a slight decrease in the average length of stay, following decriminalization. Compared to whites, Black and Native American individuals were incarcerated longer. Urban-rural disparities also existed, and widened post-decriminalization, with individuals in rural areas experiencing longer periods of incarceration. Ongoing analyses incorporating 2023 data are expected to further clarify these trends. These findings highlight the need for additional research to better understand nuances in drug policy.

Authors

• Christian P. Maynard, Washington State University

• Jennifer Schwartz, Washington State University