Drug Possession in Washington: How a Court Decision & Lawmakers Radically Changed Drug Laws.

Описание: Drug Possession in Washington: How a Court Decision & Lawmakers Radically Changed Drug Possession Laws. Sheriff Knezovich & Prosecutor Haskell Provide Insight

In February 2021, the Washington State Supreme Court ruled in State v. Blake that the state’s felony drug possession statute was unconstitutional.

This meant law enforcement could not arrest for mere possession of drugs. Sales/distribution, yes, possession, no.

The Washington State Legislature “fixed” this problem by implementing a new law that, more or less, states after two documented cases of possession where we can seize the drug and provide information about treatment/assistance without charging, we can do the exact same thing the third time and then add a misdemeanor criminal charge. This is for ANY illegal drug, heroin, meth, fentanyl, anything.

Additional information:

Washington Association of Sheriff’s & Police Chiefs (https://www.waspc.org/)

Memo addressing STATE v. BLAKE – summary of what it is, what it did, and how we are managing the new laws. (https://www.waspc.org/assets/docs/WAS...)
1. What was the Court’s ruling?
2. What did the legislature do in response?
3. How has the legislation impacted LEO’s, Prosecutors, and Courts (State and Municipal)?
4. How has the court ruling impacted strict liability crimes such as DUI, Vehicular Homicide?
5. How have Cities and Counties responded to Blake and SHB 5476?

Full Washington State Supreme Court Decision: https://www.courts.wa.gov/opinions/pd...

Washington RCW 10.31.115 Drug possession—Referral to assessment and services.
https://app.leg.wa.gov/RCW/default.as...

Washington RCW 69.50.4013 Possession of controlled substance—Penalty—Possession of useable marijuana, marijuana concentrates, or marijuana-infused products—Delivery. (Effective until July 1, 2023.) ** CHANGE IN 2022 ** (SEE 1210-S2.SL) ***

https://app.leg.wa.gov/RCW/default.as...