In 2021, Washington state’s simple drug possession statute was ruled unconstitutional by the state’s Supreme Court in the State v. Blake case. This ruling changed how the law was applied, leading to significant legal and social implications for people charged under the previous statute.
Before February 25, 2021, individuals could be convicted of simple drug possession even if they didn’t know they were in possession of drugs, as the law lacked a necessary mens rea intentional mental state.
The Blake decision required that a person must knowingly possess the drugs in order to be guilty, and the old law, which categorized the offense as a felony, no longer applied.
The new statute categorizes simple drug possession as a misdemeanor, which carries lighter penalties, such as up to a year in jail, rather than a potential prison sentence.
Following the decision, King County set up a program to assist individuals with vacating their simple drug possession convictions for free, thanks to special funding aimed at addressing the Blake ruling.
Scott Ketterling, a legal expert in the King County Department of Public Defense, encourages those with charges before the ruling to contact his office before funding runs out.
This process has had a significant impact on many, especially those whose criminal records had blocked them from career or housing opportunities.
For example, individuals seeking professional certifications such as nursing or teaching, and those trying to access housing, have been able to clear their records, giving them a fresh start.
However, this assistance is limited by time and funding. Once the Blake-related funds are exhausted, individuals will likely need to hire private attorneys for help with vacating charges.
In addition to vacating convictions, people may also be eligible for refunds on fines and fees associated with the charges, though attorney’s fees are not refundable.
The broader social impact of the Blake decision reflects a shift in understanding around substance abuse, moving away from criminalization toward a more rehabilitative approach.
Ketterling criticized the previous system, particularly its racist and harmful impact on minority and low-income communities. He emphasized that criminalizing substance use was ineffective and counterproductive, and he hopes that further reforms will be made to address these systemic issues.