In The Wake Of Blake

The Washington state Supreme Court recently invalidated that state’s laws against simple personal possession of controlled substances. Simple possession had been a felony in Washington, regardless of whether the individual knew that they were in possession. The decision in State v Blake found that the Washington’s strict liability possession law was unconstitutional because it violated due process.

The Washington state legislature had already been considering a measure to decriminalize simple possession and put more resources into treatment and other support services, similar to Oregon's Measure 110, the Drug Addiction Treatment and Recovery Act. Now in the wake of Blake, Washington's state legislature is considering how to respond.