By Pepper Fisher

PORT ANGELES – Today the Washington State Supreme Court issued a decision that appears to say that Washington’s simple possession of controlled substance statute violates the due process clause of the state and federal constitutions and is void, effective immediately.

What does that mean? Here’s what Port Angeles Deputy Police Chief Jason Viada thinks it means.

“It appears to indicate that Washington’s law prohibiting drug possession is a violation of Washington’s Constitution and so, effective immediately, were gonna stop making arrests for drug possession and I anticipate you’ll get a press release from the Prosecutor’s Office as well explaining some of the ripple effects through our justice system that this will have here in Washington state.”

Law enforcement are being told they cannot arrest a person simply for being in possession of narcotics.

Here’s Sheriff Bill Benedict’s take on this morning’s news.

“The result is that we will no longer arrest anyone for simple drug possession. Anyone that is in jail for simple drug possession, if that’s their only charge, will be released. It’s a gray area right now…we’ll have to get direction whether or not we should confiscate the small amounts that we find, because they clearly are contraband, but certainly they won’t be…we will not deprive anyone of their liberty because of it.”

For the record, Sheriff Benedict says it’s rare for a person to be incarcerated for simple possession so, to his knowledge, there is no one currently in jail that would be released.

Sheriff Benedict said it’s never been the policy of local law enforcement to jail someone simply for being an addict. The goal, he said, is to get dealers off the street. Today’s State Supreme Court decision does not exclude arresting someone when there is evidence of intent to distribute drugs.

Prosecutor Mark Nichols says the effects of Thursday’s ruling are numerous and profound.

“This opinion is going to have some far-reaching consequences. Notably, this is going to require prosecutors to take a series of remedial actions that really, starting immediately, and to that end, we’ve already begun a series of projects that are going to require us to, for example, arrange for the immediate release of all pretrial detainees whose only offense charged or simple possession. We’re going to need to go about working with the courts and defense bar to obtain orders vacating judgments of all persons in county jail who is currently only serving time on simple possession. Recalling all arrest warrants issued in cases in which the only charge is simple possession of drugs. Just to name a few of the consequences that are going to occur as a result of this.”

Nichols also points out that the sudden release of drug users from prosecution and incarceration is likely to have serious consequences for some.

“Now that the State Supreme Court has found the statute to be void it would appear that they have an absolute right to withdraw from drug court and have their charges dismissed. And while that may seem appealing on its face, what it translates into is to folks who are grappling with addiction suddenly being out on their own without any support, and what we know about drug addiction raises the concern in my mind that we may have a series of relapses. And with the presence of Fentanyl in our local drug supply, that can result in some very tragic consequences.”

This is a developing story and we will keep you current as the effects of Thursday’s ruling become clearer.