Among those blindsided by the recent State Supreme Court decision overturning the state’s drug possession law were eight participants in the Grays Harbor County Drug Court.

The therapeutic drug court offers those charged with drug-related crimes, primarily simple possession, a way to have the charges dropped if they complete the court’s program of rehabilitation, employment and education.

When their qualifying charges were dropped, eight current participants were no longer eligible for the program.

“The eight were at various stages in the program,” said drug court director Jamie Wintrip. A few were in the early stages, but “the others were well on track to graduate.”

One participant needed only to pass the last of four tests required to get his GED. Another individual was in the program for two years, and she was cut from it because the charges that qualified her for participation were dropped.

“It was a really big deal for individuals; you don’t get to drug court by doing a lot of things right in your life,” said Wintrip. “Like one individual said, ‘This is the best thing I’ve ever done and I don’t get to graduate.’ Nobody gets to recognize that achievement. She wanted the certificate of completion and wanted to be able to go out there and say, ‘I did this, I put the work in.’”

The eight were devastated by the news, and unsure of their futures outside the program, said Wintrip. “When I had to tell them there were tears. They were fearful, and really confused of course.”

With charges dropped, drug court no longer has any legal authority over those taken away from the program.

“They can’t be a part of the program, because those things are directly tied to individuals’ charges,” said Wintrip. Housing costs and the all-important cost of treatment are things the drug court can no longer offer the dropped participants.

In one case, a participant’s housing in a clean and sober house was paid for through the drug court program. “Now she’s essentially homeless because she can’t pay rent,” said Wintrip. “She was just to the point where she could work again, was close, but not there.”

Drug court staff is doing what it can to help those who were suddenly dropped from the program.

“Absolutely they can come into the office and we will help them, but we can’t pay for treatment or housing or the things that make a really big difference,” said Wintrip. “We’re doing our best, some of them still qualify for Medicaid so they can access treatment,” and some have insurance to pay for it, but “with those who don’t, we’re trying to find a solution.”

There are several requirements for drug court graduation, including getting a GED and a job and, of course, sobriety. Employment, however, creates another conundrum.

“If you have a minimum wage job it disqualifies you from the poverty level, so like one of our individuals, he’s working, but he’s what you call under insured, and out of pocket treatment is roughly $1,000 a month,” said Wintrip.

Another issue is the court referral list, said Wintrip. Offenders come to drug court through referrals from the prosecutor’s office. With simple possession no longer carrying a penalty, the drug court no longer has access to a list of potential drug court participants who could benefit from the program. Some participants get into the program just to get charges dropped, “Until they get immersed in the program and they say, ‘hey, I do want to be clean and sober, I do want to do this,”’ said Wintrip.

Charges must be drug-related to qualify for drug court. With the change in possession laws, that leaves burglaries, forgeries and similar offenses that can be traced back to feeding a drug addiction.

“A possession charge, which we can no longer have, that’s a solid case coming into drug court because we can link directly to ‘this person has a drug problem,’ and there are no victims on board,” said Wintrip. “We do take other cases into drug court, but if someone has been harmed we need to get the victim on board to allow them to come into drug court and sometimes that’s not always how victims see it. They want them to be punished.”

Wintrip said she hopes the community will support the drug court, including considering, if they’re a victim of a qualifying offense, allowing the offender a chance to go through drug court and ultimately, if they complete the program, have those charges dropped.

More than 20 individuals have graduated drug court since its inception in April 2018. Recently-retired Superior Court Judge Stephen Brown spearheaded the effort to establish the court, a years-long process including multiple stakeholders in the county and state. Superior Court Judge David Mistachkin currently presides over drug court.

As Wintrip and others try to find ways to help the eight clients who were dropped and lawmakers mull ways to rework the state’s drug possession law, Wintrip wanted a way to at least acknowledge the work those eight participants put into the program, which required a major commitment on the part of the participant.

“We are having a recognition night for those affected to honor them for their hard work and participation in the program, since they will not be able to be recognized at a graduation or as a graduate,” she said.

The event will be held Thursday at the 7th Street Theatre in Hoquiam, and court alumni are also encouraged to participate to receive the sobriety coins they have earned since graduating the program. The event, due to COVID restrictions, will be limited to participants, families and alumni.

Drug court will carry on, its positive impacts clear, not just legally, but in terms of public safety and rehabilitation.

“There are other things that go along with drug court, like how much it means to these participants who have worked so hard to change their lives,” said Wintrip. “The charge is dismissed (with the Supreme Court ruling), and that was the goal all along, but once they get into the program it’s more about rebuilding their lives than dismissing the charges.”