This bill amends existing criminal statutes and adds a new section to make knowingly possessing fentanyl a class C felony under RCW 69.50.4013(2)(b), with felony punishment to be imposed under chapter 9A.20 RCW. It also amends RCW 9.94A.518 (the adult sentencing seriousness table) to list “Possession of Fentanyl (RCW 69.50.4013(2)(b))” at Seriousness Level III, and amends the juvenile disposition table in RCW 13.40.0357 to include possession of fentanyl among the drug offenses (the table entry appears as “C C” in the provided text). The bill preserves multiple cannabis-related exceptions to the possession prohibitions and defines “public place” (by reference to RCW 66.04.010 with certain exclusions inapplicable) and “use a controlled substance” (introducing it into the body by injection, inhalation, ingestion, or any other means). The bill also modifies penalties and procedures for nonfentanyl possession/use offenses in RCW 69.50.4013 by retaining gross misdemeanor treatment for most unlawful possession/use (up to 180 days and/or a fine up to $1,000), but increasing potential confinement to up to 364 days if the defendant has two or more prior convictions under those subsections occurring after July 1, 2023. The text encourages law enforcement, instead of jail booking and prosecutorial referral, to offer assessments and referrals to treatment or diversion programs cited by statute (including RCW 10.31.110, 36.28A.450, 71.24.589, and 71.24.115). The act also includes an immediate effective date provision (Sec. 5) for preservation of public peace, health, or safety. The provided excerpts are incomplete: the new section text and the emergency declaration clause are referenced but not included; the sentencing tables and grid are truncated and lack full layout and headers; and specific felony sentencing details from chapter 9A.20 RCW are not reproduced here. Because the document fragments are partial, some cross-references and the complete juvenile sentencing schedule cannot be fully confirmed from the available text.

If enacted, simple possession of fentanyl would be treated as a class C felony for adults and moved into a more serious sentencing group (Seriousness Level III), while juveniles charged with fentanyl possession would be placed in a higher juvenile disposition category. That change will likely increase the number of felony cases prosecutors and courts handle, raise the risk that people caught with fentanyl face longer custody or serious collateral consequences from a felony record, and create a likely need for more treatment and diversion capacity because the law also directs law enforcement and prosecutors to offer referrals to assessment, treatment, and diversion programs in lieu of arrest or charging in some cases. The groups most affected are people who possess fentanyl, prosecutors, law enforcement, the juvenile court system, and community treatment/diversion programs. Prosecutors and police will have a new charging option and an expressed push to divert eligible people to services, which could shift workload toward screening and referral rather than straight booking, while courts may see heavier felony and juvenile dockets; the bill does not specify new funding, and key details about felony sentencing ranges, the full juvenile sentencing grid, and the text of the new section and emergency clause are not included here, so the exact impacts on jail populations, program demand, and long-term costs are unclear.