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In February 2021, the Washington State Supreme Court ruled in State v. Blake that the state’s felony drug possession statute was unconstitutional.

Who is affected?

The decision affects anyone previously convicted of simple possession of a controlled substance. This includes individuals currently incarcerated, on community custody/probation, or in the community with a conviction on their record.

What happens next?

Because the Washington State Supreme Court declared the statute unconstitutional, Washington courts will apply State v. Blake to anyone convicted under the RCW 69.50.4013 statute. This means convictions may be vacated, dismissed, etc., by an order from the court.