(The Center Square) – With drug use in the city skyrocketing since the beginning of the year, the Bellingham City Council has passed a “Blake Fix” ordinance.
Bellingham had 70 drug overdoses occur within city limits in all of 2022. However, through July 9, the number of overdoses in the city this year went up approximately 271%, with 260 reported overdoses, according to Council Bill 23799. The majority of these overdoses are attributed to fentanyl and methamphetamines.
The ordinance makes knowing possession and use of controlled substances in a public place a gross misdemeanor. Classifying drug possession as a gross misdemeanor rather than a misdemeanor increases the maximum jail sentence to 364 days in jail, along with the option of a $5,000 fine, or both.
On Monday, the council passed the bill on a 6-0 vote.
Bellingham’s ordinance, which encourages prosecutors to divert drug possession cases for assessment or treatment services, is similar to the state’s new drug possession law, which focuses on treatment and harm-reduction practices instead of traditional felony-level criminalization and incarceration.
During a special legislative session earlier this year, Washington state lawmakers did what they couldn’t do during the 105-day regular legislative session: pass a permanent fix to the state Supreme Court’s Blake decision on drug laws, less than two months before a stopgap measure keeping the possession of small amounts of drugs outlawed was set to expire.
The case involved Shannon Blake of Spokane, who had received a pair of jeans from a friend. A small bag of methamphetamine was in the pocket of the jeans. The high court ruled the statute unconstitutional because it allowed people to be convicted of possession even when they didn’t realize they had drugs in their possession.
The number of overdose deaths in Bellingham and Whatcom County has risen sharply since 2018, when there were 11 overdose deaths recorded, including alcohol poisoning. In 2022, there were 92 overdose deaths, according to the Whatcom County Medical Examiner’s Office.
The new drug law goes into effect on Aug. 22.
