Washington state drug possession laws The purpose of this provision is to give lawmakers time to re-evaluate how the new policy is working. As a result, those convicted of drug possession on or before February 25, 2021 became THE LAW. Upon expiration, the law reverts to the state’s prior law. 517 & RCW 46. Many municipalities now criminalize the knowing possession of controlled substances without a valid prescription, making it crucial for anyone facing drug charges to understand the legal landscape. The ruling, known as State v. Feb 7, 2025 · Giap is one of many Washingtonians eligible to have their case vacated after the Washington Supreme Court ruled in 2021 that the state’s simple drug possession law was unconstitutional because it lacked language related to intent. May 25, 2021 · On Feb. state of Washington. May 16, 2023 · Washington state has adopted a new criminal drug law, avoiding the statewide decriminalization of drug possession this summer. CONSEQUENCES lawmakers in the wake of a 2021 Supreme Court decision nixing the state’s drug possession law, as Washington communities contend with the fallout from the drug crisis and a tide of overdose deaths. Oct 27, 2023 · state’s drug possession law is unconstitutional. Sep 13, 2023 · Washington Drug Possession Laws. During the legislative session that year, legislators passed a temporary fix classifying drug possession as a misdemeanor, but police officers were required to refer offenders to treatment twice before bringing charges. In February 2021, the Washington Supreme Court ruled that the state’s felony drug possession law is unconstitutional. What Drugs are Included? Washington State regulates a wide range of substances under its Drug Sep 19, 2023 · By adopting the language of the state law into city code, the council granted the Seattle City Attorney’s Office authority to prosecute drug possession charges. Revised Code of Washington Section 69. 20. (By Jim Camden / For The Spokesman-Review) Changes to the state’s drug possession laws, prompted by a state Supreme Court That fact more than four years later would lead to a Washington state Supreme Court decision striking down Washington’s drug possession law; the expected vacation of tens of thousands of criminal convictions dating back decades; and the overhaul of the state’s approach to drug possession signed into law by Gov. 366 shall not constitute a violation of this section, this chapter, or any other provision of Washington state law. Registration of department of fish and wildlife for use in chemical capture programs — Rules. Marijuana Offenses: Marijuana has indeed been legalized in Washington State, but it is important to be cognizant of (3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis in compliance with the terms set forth in RCW 69. Blake; This ruling meant there was no state law making simple possession of drugs a crime unless the Washington state Legislature recriminalized it Aug 14, 2023 · The new law adopted by state lawmakers makes drug possession a gross misdemeanor punishable by up to 180 days in jail on the first two offenses and up to a year on the third arrest. Blake is a 2021 Washington State Supreme Court decision that ruled the drug possession law unconstitutional. of marijuana Use ,d e liv ry or possess nof drug ara h Learn how Republicans fought for common-sense solutions to the state’s drug crisis. An MIP charge can be given even if the person is not drinking or does not possess an illegal substance. 25, 2021) drug possession conviction from your record. 4014, if the evidence for the charge of possession of a controlled substance was obtained as a result of the overdose and the need for medical assistance. Alex Pedersen have submitted legislation to bring Seattle into conformity with this new state law. The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. Following that ruling, the Legislature declined to return to a felony for-possession model, instead choosing to build a system focused on access to treatment May 16, 2023 · At the time, drug possession was considered a felony, punishable by up to five years in prison and a $10,000 fine. The majority found that the law improperly allowed a conviction even if the person May 17, 2023 · Washington Rev. May 6, 2016 · The following is a partial list of acts prohibited by Washington state law: Illegal Sale of Controlled Substances. Washington’s strict liability drug possession statute, RCW 69. The Washington Temple of Justice in Olympia, where justices released a decision on Feb. When the Washington Supreme Court ruled the state’s drug possession law was unconstitutional in 2021, it left no law on Jul 26, 2021 · Washington’s new drug possession law expires in two years. Apr 24, 2023 · Unless Washington leaders take action before then, illicit drug possession will become legalized at the state level when the current law expires July 1. 25 invalidating the state's drug-possession law. Skip Navigation. Blake? State v. Nor may other persons furnish alcohol to anyone under 21 or permit underage consumption on premises within their control. Jay Inslee on Thursday. Discusses penalties and Alcohol Information School. (2) A person who experiences a drug-related overdose and is in need of medical assistance shall not be charged or prosecuted for possession of a controlled substance pursuant to RCW 69. Washington state drug laws have been in flux over the past year. BLAKE AND LEGISLATIVE ACTIONS IN 2021: On Feb. 4013 or RCW 69. Apr 25, 2023 · OLYMPIA, Wash. When drug possession was a felony in Washington, that authority resided with the King County Prosecutor. Driving the news: A law signed by Gov. That landmark ruling threw out the state's drug possession law and had Washington legislators spend the next three years debating the best approach to regulating drug use. Revised Code of Washington (RCW) Aug 4, 2023 · The Washington State Supreme Court declared the state’s drug possession laws at the time unconstitutional. Washington State Legislature. Code §69. (a) Knowingly possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice; or. Prohibits operating motor vehicle while under the influence of an intoxicating liquor or any drug. (3) The production, manufacture, processing, packaging, delivery, distribution, sale, or possession of cannabis in compliance with the terms set forth in RCW 69. If you were convicted of drug possession under those laws in Washington State, you can now “vacate” that conviction. 560, for a resident in a long-term care facility or hospice program may be communicated to the pharmacy by an authorized agent of the prescriber. The Senate passed a bill that the House wouldn Police must stop arresting people for simple possession. Following that ruling, the Legislature declined to return to a felony for-possession model, instead choosing to build a system focused on access to treatment Findings In this cohort study using synthetic control analysis, laws decriminalizing drug possession in Oregon and Washington were not associated with changes in fatal drug overdose rates in either state. ESB 5476 contains a sunset clause for the portions of the bill that amend drug possession crimes, other than for possession of paraphernalia, which means that in July 2023 the state laws will revert to the post-Blake, pre-ESB 5476 landscape. Blake is a 2021 Washington State Supreme Court decision that says the state’s drug possession law is unconstitutional. The Washington State MIP law states tha t anyone under the age of 21 in possession of alcohol, or any illegal drug, is breaking the law. Washington State Law. The proposed bill would allow the Seattle Police Department to refer drug possession and public drug use cases to the City Attorney’s Office for prosecution in Seattle Municipal Court. Criminal provisions adopted in 2021 in response to State v. The ruling gave the Legislature the opportunity to reconsider 50 years of failed drug policy and find a path forward that will better serve our communities. This has traditionally been, and remains, the responsibility of the King County Prosecuting Attorney’s Office. State lawmakers agreed to make drug possession a misdemeanor offense for two years, with the requirement that May 3, 2023 · 1 of 2 | . Blake expire July 1, 2023, and lawmakers have to decide whether to decriminalize drugs or maintain or increase penalties for possession. That new law makes simple drug possession a misdemeanor, and funds Jul 16, 2024 · State v. Aug 21, 2024 · In Washington, “minor” typically refers to someone under the age of 21. , April 24, 2023—The 2023 legislative session ended last night without the passage of a new state law on the possession of controlled substances, leaving it now up to counties and cities to put local drug-possession laws in place once the state law adopted in 2021 expires on July 1. 2. In Washington State, the term “controlled substance” is applied to all illegal drugs. The Blake decision affects drug possession convictions under RCW 69. In 2021 the Washington State Supreme Court ruled, in what is known as Feb 8, 2025 · Giap is one of many Washingtonians eligible to have their case vacated after the Washington Supreme Court ruled in 2021 that the state’s simple drug possession law was unconstitutional because What is State v. What is State v. Nov 4, 2024 · In 2021, the Washington State Supreme Court ruled the state's strict liability drug possession law unconstitutional. 25, the Washington Supreme Court struck down the state’s main drug possession crime in a case called State v. 363, or 69. FILE - A volunteer cleans up needles used for drug injection that were found at a homeless encampment in Everett, Wash. 360, 69. This charge goes beyond simple drug possession, as it implies an intention to distribute or sell controlled substances. State Sen. On February 25, 2021, the Washington Supreme Court struck down Washington’s law criminalizing drug possession in a case called State v. Blake ruling to the 2023 special session that resulted in the new bipartisan policy that balances accountability with treatment and recovery options — learn how Republicans fought against decriminalization of hard drugs and for common-sense solutions May 22, 2023 · In 2021, the Washington State Supreme Court declared the state’s drug possession laws unconstitutional. Without a new law, possession of personal-use amounts of drugs would have been decriminalized. The ruling meant there was no state law making simple possession of drugs a crime unless the Legislature recriminalized it, which it has now done via passage of Engrossed Senate Bill (ESB) 5476. 140. May 18, 2023 · The law, enacted in a matter of hours on Tuesday, is the state’s latest response to the 2021 Blake decision by the Washington Supreme Court, which struck down the state’s felony drug Laws & Regulations. Jay Inslee signed a measure overhauling the state’s approach to drug possession, after the Washington Supreme Court struck down its previous law as unconstitutional March 22 The Legislature was forced to review the state’s drug possession laws after a 2021 state Supreme Court ruling said the existing law, which made possession of certain drugs in certain amounts a felony, was constitutionally defective because it didn’t require proving a defendant “knowingly” possessed drugs. Mar 18, 2021 · A 5-4 decision by the state Supreme Court found Washington's drug-possession statute unconstitutional. The original law made unknowing, unintentional possession of controlled substances a felony. 020. In Washington State, drug free zones extend an additional 1,000 feet surrounding schools, so even if the offense occurred across the street, it is Mar 10, 2025 · Drug-related offenses carry serious consequences in Washington State, and one of the more severe charges is possession with intent to deliver. Washington State Register. Yasmin Trudeau, D-Tacoma speaks during a special session, Tuesday, May 16, 2023, in Olympia, Wash. Illegal Manufacture or Delivery of Controlled Substances Illegal Possession of Controlled Substances Possession of more than 1 oz. 61. 4013, made 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 did this without proof that the defendant even knew they possessed the substance. 308: Refusal of person to Take Alcohol Test or drug concentration (c) [(3)] Hallucinogenic substances. 268 fatal drug overdoses per 100 000 state population, while the average rate Nov 4, 2024 · Washington Cocaine Laws. The 5-4 decision is likely to prompt state legislators to rewrite the drug possession law. Community reports from law enforcement and jails indicated an immediate decline in arrests and incarcerations for drug possession cases. ” In May 2023 the Legislature passed a new (o) [(15)] "Controlled substance" means a drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state laws, or federal or commission rules, but does not include hemp or industrial hemp as defined in RCW 15. (2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis. Washington State Laws Regarding Minors in Possession (MIP) and use: Persons under the age of 21 may not acquire, possess, or consume alcohol. If you were convicted of soliciting possession of Jun 7, 2023 · The drug possession bill rejected by the Seattle City Council would have given the Seattle City Attorney’s Office unprecedented power to prosecute some drug possession crimes under Washington State’s drug laws. Jun 12, 2023 · In the landmark State vs Blake decision issued on February 25, 2021, the Washington Supreme Court ruled that the state’s drug possession law was unconstitutional and void because it did not require individuals to have knowledge of the drug possession. May 16, 2023 · The legislation is the Legislature’s response to the 2021 Washington Supreme Court Blake decision, which found Washington’s strict liability law for drug possession unconstitutional. Blake. The Washington Legislature reconvened Tuesday to finalize the new law on drug possession penalties and addiction treatment Nov 5, 2021 · A. State v. Blake in 2021, the state’s approach to drug possession has been front of mind for Washingtonians. The new measure was signed into law after Federal and State Drug Laws Washington State Drug Laws RCW 46. Because of Blake, you can ask a court to vacate (clear) your old (pre-Feb. In 14 states, the most commonly charged drug offense is possession of heroin, while cocaine possession is the most commonly charged offense in three states and the District of Columbia, marijuana possession is the most commonly charged drug offense in Arizona and New Mexico, and “other” is the most commonly charged drug offense in New (6) [(f)] Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he or she knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter; the innocence of an owner, or of anyone in control of the object, as to a direct violation of this chapter shall not prevent a finding that the Jun 30, 2023 · From a change to drug possession laws to an anti-hazing law and the designation of the first state dinosaur, here are some of the notable laws going into effect. State law sets drug possession penalties such as potential jail time and fines. Blake is a 2021 Washington State Supreme Court decision that says the state's former drug possession law is unconstitutional. To stream KING 5 on your phone, you need Sep 1, 2023 · The Washington legislature soon passed a law re-criminalizing drug possession, which was subsequently signed by the state governor and went into effect on May 13, 2021 (Washington Legislature) The new law, however, differed significantly from the pre-Blake regime. Apr 25, 2023 · A couple of years ago, the state’s Supreme Court struck down a law that made simple drug possession a felony. Most of the law’s provisions take effect July 1, when the state’s current drug possession law expires. Judges, prosecutors and defense attorneys are now weighing the effects of the high court's Oct 20, 2023 · Seattle's ordinance making drug possession and public use a gross misdemeanor took effect October 20, 2023. 25 state Supreme Court ruling has struck down the Washington law that makes simple drug possession a crime. The case is called State v. Although it is less than a felony, a gross misdemeanor is still a grave charge, particularly if it is related to drug possession or use. This means the laws and penalties for drug possession will differ for those under 21 compared to adults. 401 you may be eligible to have your conviction vacated and be issued a refund of any legal financial obligations paid towards these cases only. Jun 4, 2018 · In Washington State, there are enhanced penalties for certain offenses like distribution, manufacturing, possession with intent to distribute, sale, and/or delivery, in drug free zones like schools. The law classifies drugs according to their medical use, risk of addiction, and safety. In 2016, police executed a search warrant in Spokane Jun 28, 2024 · How a court case changed enforcement of Washington's drug possession laws. However, law enforcement is encouraged to offer a referral to assessment and services instead of booking the offender in jail and referring the case to the prosecutor. Opioid drugs — Communication with patient. They’ll spare lives from fatal overdose. Sponsors: Robinson, Lovick, Since the Washington Supreme Court decision in State v. For two of those years State v. By Rachel Riley Seattle Weekly March 1, 2021 By Rachel Riley A Feb. In 2021 the Washington State Supreme Court ruled, in what is known as the Blake decision, that the felony drug possession law was unconstitutional because it criminalized “unknowing possession. SB 5536 – 2023-24 – Concerning controlled substances, counterfeit substances, and legend drug possession and treatment. Washington’s controlled substances laws mirror the federal drug scheduling laws. A temporary law that makes possession of small amounts of drugs a misdemeanor expires on July 1, so if lawmakers fail to pass a bill, Washington would become the second state — after neighboring Oregon — to decriminalize drug possession. The ruling meant there was no state law making simple possession of drugs a crime and every previous conviction under that law was invalid. In February 2021, the court ruled that the state’s drug possession law at the time violated due process because someone could unknowingly possess drugs and still be arrested. Why is a Seattle municipal law necessary? State law (RCW Jan 21, 2023 · OLYMPIA — Two proposals emerged this week to update how Washington law deals with possession of illicit drugs, a quandary the state has faced since the Washington Supreme Court struck down the May 16, 2023 · The House failed to pass the bill, which threw the future of the state’s drug possession law into question — and prompted a number of cities and counties to start passing their own patchwork Feb 3, 2023 · Washington’s drug possession laws are at the forefront of legislators’ minds this session in Olympia. 4013 and earlier laws criminalizing simple drug possession. Without further changes to the law by the Legislature or voters before July 2023, simple drug Jun 30, 2023 · Several new laws go into effect in Washington state in July, from a change to drug possession laws and an anti-hazing law and more, here's what to know. Among other changes, it classified drug possession as a misdemeanor instead of a The Washington State Supreme Court 2021 struck down the state’s criminal prohibition on simple drug possession in State v Blake. Because of this, penalties can be significantly harsher than those for personal use. May 16, 2023 · Washington state's drug possession law is set to expire July 1. The Uniform Controlled Substance Act is outlined in Chapter 69. From the 2021 Washington State Supreme Court’s State v. 25, the state’s felony drug possession law was ruled unconstitutional. During that time, a May 16, 2023 · After Washington state lawmakers failed to adopt a permanent drug possession law during the regular 2023 session, legislators needed just one day of a special session to pass a bill that will Feb 24, 2025 · Giap is one of many Washingtonians eligible to have their case vacated after the Washington Supreme Court ruled in 2021 that the state’s simple drug possession law was unconstitutional because May 16, 2023 · After Washington state lawmakers failed to adopt a permanent drug possession law during the regular 2023 session, legislators needed just one day of a special session to pass a bill that will Sep 19, 2023 · When drug possession was a felony in Washington, that authority resided with the King County Prosecutor. Possession is defined as having alcohol anywhere around you. Feb 16, 2025 · Giap is one of many Washingtonians eligible to have their case vacated after the Washington Supreme Court ruled in 2021 that the state’s simple drug possession law was unconstitutional because it lacked language related to intent. The decision is May 16, 2023 · The new bill now heads to the governor for him to sign into law. and legend drug possession and treatment. This article focuses specifically on Juvenile Drug Possession Charges. City Attorney Ann Davison and Councilmembers Sara Nelson and Alex Pedersen have submitted legislation to bring Seattle into conformity with this new state law. May 17, 2023 · 6 of 11 | . 204; Possession for Personal Use. May 1, 2023 · Catch up quick: Washington's drug possession law is expiring because it was designed as a temporary response to a 2021 state Supreme Court ruling, which struck down Washington's longstanding law that made drug possession a felony. RCW 46. Apr 25, 2023 · Without action, Washington’s drug possession law will expire July 1, leaving no penalty in state law and leaving cities free to adopt a hodgepodge of local ordinances. Legislators then passed a stopgap measure that made it a misdemeanor, but that Feb 25, 2021 · A sharply divided Washington Supreme Court ruled the state’s drug possession law unconstitutional Thursday after a legal challenge by a Spokane woman. Penalty: Maximum $500 fine, 2 months imprisonment, or both. OLYMPIA — In a stunning ruling by the Washington State Supreme Court on Feb. May 16, 2023 · Details indicate a new drug possession law in Washington state will include a modified gross misdemeanor as a penalty with a maximum of 180 days to 364 days in jail, depending on the circumstances. It’s the result of weeks of negotiations between lawmakers after the failure of a similar policy in April. 25, 2021, the Washington Supreme Court struck down the state’s main drug possession crime in a case called State v. Blake: On February 25 2021 the Washington State Supreme Court essentially struck down the State’s felony drug possession law. (The law is also known as Unlawful Possession of a Controlled Substance or VUCSA - possession). 50. It raises the penalty for drug possession from a misdemeanor to a gross misdemeanor and criminalizes public drug use, also classifying it as a gross misdemeanor. 4013 defines the basic offense of possessing a controlled substance. The average rate difference in Oregon post change was 0. Jay Inslee on Tuesday would make possessing or publicly using drugs a gross misdemeanor offense — a higher penalty than what exists under the state's current law, which is set to expire July 1. 502 & RCW 46. Washington Marijuana Laws in 2025. Cannabis producer's license, cannabis processor's license, cannabis retailer's license. 8, 2017. Many Republicans and majority Democrats supported the bill on Tuesday. Senate Majority Leader Andy Billig, D-Spokane, and Senate Law and Justice Chairwoman Manka Dhingra, D-Redmond, outline changes in the state’s new drug possession law after it passed the Senate on Tuesday morning. Jul 1, 2023 · The change replaces a statewide stopgap drug possession bill that had replaced the old state law, which made possession a felony and was deemed unconstitutional by the Washington Supreme Court in May 16, 2023 · Some Republicans urged going back to a felony penalty for drug possession, which had been state law until 2021, when the state Supreme Court overturned the state’s drug possession statute Drug offenses in Washington State are referred to as VUCSA: Violation of the Uniform Controlled Substance Act. The Washington State Liquor and Cannabis Board (WSLCB) licenses and regulates all marijuana-related activities in the state. The now-stricken law made possession of a controlled substance a felony punishable State laws and rules State laws and rules. Apr 28, 2023 · STATE V. It also gives lawmakers the opportunity to decide on a long-term drug policy. Kelly’s arrest came when drug possession was still a felony in Washington, years before a state Supreme Court case known as the Blake Decision. 4013, or penalized under RCW 69. You Feb 1, 2025 · Under Washington state law, a gross misdemeanor is any crime with a fine of up to $1000 and a jail sentence of up to 90 days. 50 RCW. If you were convicted of drug possession on or before February 25, 2021, you can get those convictions cleared (“vacated”) and removed from your criminal record. If you were convicted of simple possession of a controlled substance under RCW 69. Legislators passed a temporary law classifying drug possession as a simple misdemeanor, requiring people are referred to treatment twice before they Apr 21, 2023 · The Washington Legislature on Tuesday passed a new law to create a gross misdemeanor penalty for drug possession and to build out substance-use treatment programs, marking the end of a tortured two-year legislative journey to reshape how the state treats narcotics. Jul 5, 2023 · Drug possession, or "possession of a controlled substance," is a serious crime with many possible penalties. May 13, 2021 · Washington Gov. org Medical assistance — Drug-related overdose — Prosecution for possession. Below are the federal laws, state laws (RCWs) and regulations (WACs) that apply to and/or relate to the Blake decision. Cocaine is a Schedule II drug because it has some medical uses despite its high risk of abuse. Penalties may often depend on the amount of drugs in a person's possession. , Nov. And they’ll reach Washingtonians young and hopefully influence them to avoid the dark path (f) [(6)] A written, oral, or electronically communicated prescription for a substance included in Schedule III, IV, or V, which is a prescription drug as determined under RCW 69. . There may be mandatory penalties or sentencing presumptions based on the facts of Apr 12, 2023 · The bill is the Legislature’s proposal to address the 2021 Washington Supreme Court Blake decision, which found Washington’s strict liability law for drug possession unconstitutional. 04. Mar 20, 2024 · The state’s newest laws will improve access to treatment. Blake. Marijuana is fully legal in Washington as the state permits its use for medical purposes and, by adults over the age of 21, for recreational purposes. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following hallucinogenic substances, including their salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts of isomers is possible within the specific chemical designation. May 17, 2023 · Under the new law, courts are required to impose minimum jail sentences on those charged with drug possession who refuse or abandon substance use disorder treatment, and to vacate convictions See full list on mrsc. The ruling is known as the Blake Decision. The Washington state Senate quickly approved a major new drug policy as lawmakers returned to work for a special session Tuesday, sending the measure to the House and saying it strikes a balance between public order and compassion for those struggling with substance abuse. Blake is a 2021 Washington State Supreme Court decision that held that the drug possession law was unconstitutional. Share on Facebook; May 21, 2023 · Changes to the state’s drug possession laws, prompted by a state Supreme Court ruling, tied the Legislature in knots during its regular session. Apr 27, 2023 · On Tuesday, May 16, 2023, the Washington state legislature passed 2E2SSB 5536, prohibiting drug possession and public drug use, among other things. 504. Felony drug possession change in law rocks state legal system Washington state’s law outlawing possession of drugs for personal use was unconstitutional By Mike De Felice June 13, 2022 Kitsap Daily News PORT ORCHARD — Ripple effects of the Washington Supreme Court’s decision last year to overturn the felony drug possession law are still May 3, 2021 · The legislative “fix” to Washington state’s drug possession laws takes effect once Governor Jay Inslee signs it. Inslee has signaled he will approve a state’s drug possession law is unconstitutional. zwap dxl lsld oazvk hytkgrq qjq pzrgq eaay nbn owhx zuu lmqpc cvlqhi orijw pte