Washington State Supreme court strikes down law that made unintentional possession of drugs a crime
Last edited Fri Feb 26, 2021, 06:05 PM - Edit history (1)
The Washington Supreme Court this week struck down a law that made it a felony to unknowingly possess illegal drugs in the state.
A majority of justices ruled Thursday that the "strict liability" drug possession law, which made any illegal drug possession a felony, was unconstitutional.
"The court correctly recognized the injustice of convicting people for innocent conduct," Richard Lechich, who argued the case before the court, told The Seattle Times. "While the decision cannot rectify the harm this law caused to so many communities, particularly communities of color, it at least puts an end to it."
The state initially adopted the "strict liability" law in the 1950s and upheld it as "simple possession" in two instances since then. On Thursday, the justices decided that a felony conviction in a case where a person may have obtained drugs through "innocent, passive conduct" was a harsh penalty.
https://www.msn.com/en-us/news/politics/washington-court-strikes-down-law-that-made-unintentional-possession-of-drugs-a-crime/ar-BB1e3rmw?li=BBnbfcQ&ocid=DELLDHP
Justices nix state drug possession law; authorities react
EVERETT — Snohomish County’s top law enforcement officials are scrambling to assess the full impacts of a Thursday state Supreme Court ruling striking down the Washington law that makes simple drug possession a crime.
Local authorities can no longer arrest someone solely because the person has a few grams of heroin, methamphetamine, cocaine or other illegal drugs — unless, however, there is suspicion that the individual intended to deliver those drugs, according to Snohomish County Prosecutor Adam Cornell.
The now-stricken law made possession of a controlled substance a felony punishable by up to five years in prison and a hefty fine. Five justices, led by Justice Sheryl Gordon McCloud, said in the ruling the statute was unconstitutional because it doesn’t require prosecutors to prove that someone knowingly or intentionally possessed the drugs.
About a half-dozen people will be released from the county jail “as soon as possible” as a result of the decision, Cornell said. Those inmates were awaiting trial for simple drug possession alone, or serving sentences after being convicted of only those charges.
https://www.heraldnet.com/news/justices-nix-state-drug-possession-law-authorities-react/
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