KVI’s Ari Hoffman is joined by Rep. Jim Walsh. The 19th District lawmaker has prefiled House Bill 1000, a measure aimed at combating the fentanyl epidemic by holding distributors accountable for actions that result in severe harm or death.
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Rep. Jim Walsh, R-Aberdeen, is taking action against fentanyl-related crimes that are devastating communities across Washington state. The 19th District lawmaker has prefiled House Bill 1000, a measure aimed at combating the fentanyl epidemic by holding distributors accountable for actions that result in severe harm or death.
Walsh’s bill allows Washington state courts to impose stricter penalties on individuals distributing fentanyl. By amending existing law, the legislation introduces a new aggravating factor that judges can consider when imposing exceptional sentences in severe cases.
Key provisions of the bill include:
- Amends RCW 9.94A.535 to support sentences above the standard range for drug-related offenses, including possession with intent to manufacture or deliver a controlled substance under RCW 69.50.401.
- Targets individuals who knowingly distribute fentanyl, precursor chemicals used to manufacture it, or counterfeit substances containing fentanyl.
- Classifies cases where distribution causes substantial bodily harm, permanent cognitive impairment, or death as major violations of the Uniformed Controlled Substances Act.
- Grants courts the authority to impose exceptional sentences above the standard range and up to the statutory maximum for offenders in these circumstances.
Walsh emphasized that his bill tackles both public safety and public health challenges stemming from fentanyl distribution, highlighting the urgency of the issue:
“For years now, Washington has mishandled public policy on fentanyl abuse and addiction. This bill fixes those mistakes. It will give law enforcement officers and prosecutors more effective tools for fighting crime, stopping fentanyl dealers, and getting people struggling with addiction into treatment.
“Washington’s fentanyl crisis exploded after the State Supreme Court issued its controversial opinion in the ‘State v. Blake’ case. In that opinion, the court showed Washington lawmakers how we could keep the possession of deadly drugs like fentanyl a felony crime by simply adding the words ‘knowing’ or ‘knowingly’ at key points in the relevant sections of the statute. Instead of following this simple advice, my colleagues in Olympia chose to wander a different path. They flirted with complete decriminalization of fentanyl and related drugs. Then, they crafted an ineffective compromise solution, making possession a watered-down misdemeanor.
“In the meantime, the people of Washington have suffered rising property crime rates, rising violent crime rates, rising overdose death rates, rising homelessness, and plummeting quality of life. Children are succumbing to fentanyl deaths in their homes, in public parks, and at school. This bill stops all that damage by doing exactly what the State Supreme Court recommended. It makes the knowing possession of fentanyl a felony crime.
“We don’t want to return knowing possession of fentanyl to felony status to punish people facing addiction. We need to return it to a felony to give them a strong and clear incentive to get clean. To move away from a slow, inhumane suicide on city streets. To get their lives back.
“Olympia should have listened to the State Supreme Court’s suggestion in the ‘Blake’ opinion. With this bill, Olympia has the chance to do that. It’s never too late to do the right thing.”
The 2025 session begins on Jan. 13.
