69.50.325: Marijuana producer's license, marijuana processor's license, marijuana retailer's license. New Washington state law makes drug possession a misdemeanor Read full article Shannon Bowman, of Kettle Falls, Washington, poses for a self-portrait in this undated photo in Newport, Wash. However, marijuana remained a Schedule I drug under both the federal Controlled Substances Act of 1970 and Washington's own Controlled Substance Act of 1971, which deem the drug to have a "high potential for abuse" and "no currently accepted medical use." Under the new law, … Medical assistance — Drug-related overdose — Prosecution for possession. 69.50.320: Registration of department of fish and wildlife for use in chemical capture programs — Rules. the … Nevertheless, enforcement of the law was rare, as cannabis use was not … Prior to the Supreme Court’s ruling, a person found guilty of simple possession could be sentenced up to five years in prison and a fine of up to $10,000 under state law. To prosecute the unknowing possession of an illegal drug is unconstitutional, the Washington Supreme Court ruled. SEATTLE (AP) — In a decision with implications for tens of thousands of cases dating back decades, the Washington Supreme Court on Thursday struck down the state’s felony drug possession law because — unlike the laws of every other state — it did not require prosecutors to prove someone knowingly or intentionally possessed drugs. While many police departments in the state-issued almost immediate responses to the ruling, including Seattle Police Department reported that they will no longer detain, arrest, or confiscate drugs, under the possession law. OLYMPIA — In a stunning ruling by the Washington State Supreme Court on Feb. 25, the state’s felony drug possession law was ruled unconstitutional. Will that last? Drug offenses in Washington State are referred to as VUCSA: Violation of the Uniform Controlled Substance Act.The Uniform Controlled Substance Act is outlined in Chapter 69.50 RCW. The Washington state Supreme Court has ruled that the state's felony drug possession law is unconstitutional. After a sweeping Washington Supreme Court ruling declared the state’s felony drug possession law unconstitutional, there’s currently no penalty on the books in Washington State for drug possession. SB 5476 would require diversion on possession charges one and two, and recommend prosecutors seek diversion on the third and “subsequent” charges. The Washington State Legislature passed House Bill 3 in 1923, which defined "cannabis americana" and "cannabis indica" as narcotic drugs. Washington state prisoners released after drug law is voided. (b) The possession of marijuana, useable marijuana, marijuana concentrates, and marijuana-infused products being physically transported or delivered within the state, in amounts not exceeding those that may be established under RCW 69.50.385(3), by a licensed employee of a common carrier when performing the duties authorized in accordance with RCW 69.50.382 and … And here’s the important part – this Scheduling ALSO includes isomers – any substances with the … The decision that precipitated the scramble to adjust Washington’s drug possession laws, called State of Washington v. State of Washington V. Shannon Blake That left the possession of small amounts of drugs, including heroin, cocaine and meth, legal under state law, even for children. Last month, the 5-4 majority concluded that the law should require a component of knowingness or intention of drug possession for prosecution to rightfully take place. A. 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. On Feb. 25, the Washington Supreme Court struck down the state’s main drug possession crime in a case called State v.Blake.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.. The supreme court ruled that the statute criminalizing simple possession of drugs is unconstitutional. “It’s cool there’s a lot of people who are going to have a second chance to make things right,” Bowman said in a recent interview. On February 2025, 2021, the Washington Supreme Court issued its opinion in State v. Blake. The court ruled on the case of a woman named Shannon Blake in Spokane who claimed that the methamphetamine police found in her pants pocket didn’t belong to her, the Associated Press … “Hopefully they go down a good road.” The bill signed by Inslee makes drug possession a misdemeanor, rather than the felony Washington state police departments have halted arrests for drug possessions as of now. Jay Inslee on Thursday. The offense of drug possession is often prosecuted at the state level, although medical marijuana laws have altered that picture in some states. Washington law now states that the possession of a controlled substance is a misdemeanor offense punishable by up to 90 days in jail. The Washington State Senate passed a bill that would provide a fix for the State Supreme Court ruling that voided the state's drug possession law. OLYMPIA, Wash. - The Washington state Senate on Thursday approved a bill that would reinstate criminal penalties for drug possession. 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 In the debate over ESB 5476, some … The justices issued the ruling in … state’s approach to drug possession signed into law by Gov. This decision stemmed from a legal challenge by Spokane woman Shannon Blake. Washington was among many states to criminalize cannabis in the 1920s. In 2016, Shannon Blake was arrested in a stolen vehicles case. Possession was punishable by one to 10 years in prison. Feb. 25 invalidating the state's drug-possession law. Legal history Prohibition. The misdemeanor provision would sunset in 2023 and “personal” drug possession would then become a $125 civil infraction that could be waived if defendants submit to a substance abuse assessment. The decision is already creating an avalanche of legal consequences. Even before the decision, Democratic lawmakers had proposed decriminalizing drug possession while scaling up outreach to and treatment of those with substance use disorders (House Bill 1499). A 5-4 decision by the state Supreme Court found Washington's drug-possession statute unconstitutional. Hard to say. According to the Uniform Controlled Substances Act, the Washington State Legislature defines a “controlled substance” as any “drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state law”. Washington Controlled Substance Laws (Drug Possession) In Washington, the term “controlled substance” is applied to all illegal drugs. 69.50.317: Opioid drugs — Communication with patient. The ruling has brought drug arrests and prosecutions across much of the state, from Seattle to Spokane, to a screeching halt. In a decision with implications for tens of thousands of cases dating back decades, the Washington Supreme Court on Thursday struck down the state’s felony drug possession law because — unlike the laws of every other state — it did not require prosecutors to prove someone knowingly or intentionally possessed drugs. The Washington Legislature is scrambling to respond to a sweeping state Supreme Court ruling that makes possession of small amounts of drugs - from LSD to heroin to cocaine - legal under state law. Some of those drugs include: heroin , cocaine , methamphetamine , prescription drugs when not prescribed to the person in possession, ecstasy, marijuana , steroids, methadone, amphetamines, etc. 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. A major front in Washington's war on drugs suddenly evaporated last week when a majority of the justices on the state Supreme Court declared. Voters there approved a measure last November to make drug possession a civil infraction, with the fine forgiven if the user obtains a health … Examples of a controlled substance include: Cocaine, Heroin, and; Methamphetamine; The state’s previous law on the matter said that the crime of possession was a felony offense. Prior to the Supreme Court’s ruling, a person found guilty of simple possession could be sentenced up to five years in prison and a fine of up to $10,000 under state law. Since the high court’s ruling, many police agencies, including in Spokane, have stopped arresting people on drug possession charges. More than a dozen prisoners have been released from custody after the Washington Supreme Court voided the state's drug possession law As the prevailing opinion is that the ruling is retroactive, anyone currently serving time on drug possession will have his sentence tossed or reduced if it was combined with other unrelated charges. The law in question, … This decision aligns the state of Washington with 49 others that have taken similar measures in the past. Drug Schedules in Washington State. a felony to possess controlled substances, even if the person had no knowledge of the drug possession. Washington Gov. What is the New Law? The court’s decision has now accomplished … Strict penalties are enforced for drug convictions, including mandatory prison terms for many … For instance, for an individual under the age of 21, possession of less than 40 grams of marijuana is a misdemeanor. However, most non-cannabis drug possession charges in Washington are felonies. Choose a state from the map or the list below for state-specific drug possession laws, including in depth overviews of select states' drug possession offenses, penalties, and more. The Washington Legislature will likely pass a new law once again prohibiting possession of drugs—but it cannot apply the revised statute retroactively thanks to … Although Washington allows for the legal use of marijuana both medically and recreationally, there still are limits. After a last-minute rush to pass legislation in response to the Washington State Supreme Court’s decision in February that rendered the existing drug possession laws void, the Washington State Legislature passed new legislation on Saturday, April 24, re-criminalizing low-level drug possession by making it a misdemeanor and requiring local jurisdictions to provide … State of Washington Statutory Provisions for Sale, Delivery, or Possession of Legend Drug without Prescription or Order Prohibited (RCW 69.41.030) Federal Drug Laws (21 USC Controlled Substances Act) The possession, use, or distribution of illicit drugs is prohibited by federal law. A divided Washington Supreme Court has struck down as unconstitutional a state law that makes unintentional possession of illegal drugs a crime. In a case of first impression, the Supreme Court of Washington held that the state’s strict-liability drug possession law, codified at RCW 69.50.4013(1), is unconstitutional. BY GENE JOHNSON / AP. Who was the woman who received a pair of jeans from a friend who had a small bag of meth Without further changes to the law by the Legislature or voters before July 2023, simple drug possession would become non … New Washington state law makes drug possession a misdemeanor By RACHEL LA CORTE and GENE JOHNSON May 13, 2021 GMT Shannon Bowman, of Kettle Falls, Washington, poses for a self-portrait in this undated photo in Newport, Wash. OLYMPIA, Wash. - The Washington State Supreme Court has ruled that the state's felony drug possession law is unconstitutional. For some in the state Capitol, the ruling represents a needed, if sudden, break from a punitive response to substance use. Police are no longer arresting people for simple drug possession in Washington state. Alabama. The decriminalization of possession of controlled drugs follows the decision in the State V. Blake case whose circumstances led to the striking down of the strict liability drug possession law. 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