Washington Supreme Court Rules Against Felony Drug Possession Law

OLYMPIA, WA — The Washington State Supreme Court has ruled 5 - 4 against a strict liability drug possession statute, which justices found could unconstitutionally punish residents for drug possession - even if those residents weren't aware they had drugs in their possession.

The majority ruling, written by Justice Sheryl Gordon McCloud, opens:

"Washington’s strict liability drug possession statute, RCW 69.50.4013, makes possession of a controlled substance a felony punishable by up to five years in prison, plus a hefty fine; leads to deprivation of numerous other rights and opportunities; and does all this without proof that the defendant even knew they possessed the substance."

The introduction ends by concluding that the statute, as it was, allowed for significant overreach because it never required courts to establish intent to sell or use drugs. As the ruling notes, Washington was the only remaining state that did not require prosecutors to prove intent.

"Attaching the harsh penalties of felony conviction, lengthy imprisonment, stigma, and the many collateral consequences that accompany every felony drug conviction to entirely innocent and passive conduct exceeds the legislature’s powers," writes Gordon McCloud.

Thursday's ruling stems from the 2016 arrest of Shannon Blake of Spokane. Blake, arrested during an unrelated search warrant, ended up charged with felony drug possession when, during booking, officers found a small bag of methamphetamine tucked in Blake's jeans.

Blake told officers a friend had recently given her the pants as a gift and that the friend had bought the pants secondhand. She claimed she had no idea there were drugs in the coin pocket and had never used methamphetamine— all of which her boyfriend also testified to.

A trial court ruled that Blake, even if unwittingly, had been in possession of illegal drugs, and found her guilty.

Blake appealed her case, which ultimately brought the issue to the Washington Supreme Court.

As the Seattle Times notes, the state legislature first passed the drug possession law in 1953 and it has been reviewed by the Supreme Court at least twice since, but until now the court has always upheld the statute.

In his dissenting opinion, Justice Charles Johnson pointed to the past reviews and argued that the legislature had intended to criminalize unknowing possession and that it should remain an issue for the legislature to address.

Now that the statute has been declared unconstitutional, lawmakers say they're analyzing the ruling to see what consequences it may have. Sen. Manka Dhingra (D-Redmond) largely supported the ruling, but shared one concern that it may disrupt court-ordered substance-abuse treatments.

"Those who were charged only with simple possession are now no longer required to go to treatment," Dhingra said. "Even for those who want to keep receiving treatment, it’s not clear who is going to pay for that treatment."

Dhingra also says that the ruling represents an opportunity for Washington to more thoroughly address the disproportionate impact its drug laws have had on communities of color.