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The Status of Drug Possession in Washington State
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On February 25, 2021, the Washington State Supreme Court in
State v. Blake declared unconstitutional Washington’s strict liability drug possession statute, which criminalized unintentional, unknowing possession of controlled substances without a prescription. This decision is having a massive impact on counties and cities throughout the state, with the state legislature and some local governments considering next steps.
Overview of the Case
RCW 69.50.4013(1) made it a felony to possess controlled substances, even if the person had no knowledge of the drug possession. The basic problem with the statute was that it found strict liability even if the person was possessing drugs unknowingly. Prior to the
Many now-voided drug convictions came with financial penalties that have plunged people into legal debt.
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Washington State’s Supreme Court Building, also known as the Temple of Justice, photographed on Wednesday, Oct. 21, 2020, in Olympia, Wash. (Jovelle Tamayo for Crosscut)
In a landmark decision last month, the Washington Supreme Court voided all drug possession cases in the state.
According to the court’s ruling in State v. Blake, the entire statute that criminalizes simple drug possession is unconstitutional. The sweeping decision pertains to all drugs regardless of type and amount across the history of the state’s criminal legal system.
BY DAVID KROMAN / CROSSCUT
Originally published March 12, 2021 on Crosscut.com
When Kelly Vomacka first read that the Washington Supreme Court had struck down the law criminalizing drug possession in the state, she was in disbelief. The Blake decision, named for the woman at its center, was not at all on Vomacka’s radar. While she was peripherally aware of the case, she would not have guessed that this is where it would lead.
In this, she was not alone attorneys, advocates, lawmakers, even the lawyer who argued before the nine justices on Shannon Blake’s behalf, were all surprised that the court would take the case of a woman with drugs in her jeans pocket to such lengths.
Washington State Supreme Court Rules Drug Possession Law Unconstitutional In 5-4 Decision
On 3/13/21 at 12:14 AM EST
The Washington state Supreme Court has ruled that the state s felony drug possession law is unconstitutional. The court s decision potentially upends years worth of convictions, imprisonment and related fines, leaving prosecutors, lawyers and legislators unsure how to proceed.
A Democratic state legislator has introduced a replacement law to re-criminalize drug possession. But some legal and drug reform advocates would prefer it remain an inactive relic from War on Drugs.
The court issued its decision on February 25 in the case of
State of Washington v. Shannon Blake. The case involved a 2016 drug possession charge.