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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
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