State of Washington v. Blake Revolutionizes Drug Possession Charges

In State of Washington v. Blake decided in February of 2021, the Washington State Supreme Court issued a very important ruling for criminal law. Basically, all criminal laws involving straight drug possession were ruled to be unconstitutional. This means that prior convictions for drug possession can be overturned, and prior guilty pleas can be withdrawn. If you were convicted of a drug possession case over the last 20 years, contact our office and we can help you clear that record. This may mean that you are facing less time in prison that first imposed. Let us know if we can help.

Take action today, call 206-618-6560 to see if you are eligible to have your drug charge overturned.

This case is unique because the facts of the case are not the important thing, the Supreme Court basically overturned the idea of strict liability when it comes to drug possession cases.  In criminal law, generally a person has to have intent or a certain state of mind to be found guilty of a crime.  For years in Washington, if a person was in possession of drugs that was all that needed to be proven, it was strict liability.  However, with this huge ruling from the Supreme Court, that was found to be unconstitutional.  Therefore, every prior drug conviction and all current drug charges are to be dismissed and expunged, as long as the drug conviction was for straight possession and not dealing drugs or manufacturing, etc.  Simple possession of an illegal drug is no longer criminally punishable under strict liability.