OLYMPIA (AP and KONP staff) — People convicted under Washington’s longtime felony drug possession law are starting to get their records cleared, and their court-imposed fines refunded.
It’s a consequence of the Washington Supreme Court’s groundbreaking decision to strike down the law in February 2021. But the remedy so far has been complicated, as each county sets its own course. In “State v. Blake,” the Washington Supreme Court found the state’s ban on simple drug possession to be unconstitutional. That’s because it didn’t require proof that a person knowingly possessed illegal drugs. The ruling had immediate impacts – police officers stopped arresting people for drug possession, and prosecutors had people released from jail that day.
In a story we published last year, Sheriff Bill Benedict said it was rare for a person to be incarcerated for simple possession and, to his knowledge, there was no one in jail at the time that would be released.
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.
The State State Supreme Court’s decision did not exclude arresting someone when there is evidence of intent to distribute drugs.