On February 25, 2021, the WashingtonState Supreme Court in Statev. Blake declared unconstitutional Washington’s strict liability drug possession statute, which criminalized unintentional, unknowing possession of controlled substances without a prescription.
If you have been convicted in Washington State for drug possession, you may be eligible to have your conviction vacated. You may also be eligible for resentencing on other offenses if you are currently serving a sentence and a prior Washington State conviction for Possession of Controlled Substance was counted against you to increase your sentence range. If your gun rights were revoked due to a Possession of a Controlled Substance conviction you may be eligible to have your gun rights restored.
If you have any questions about your eligibility for relief under State v. Blake, please call the Spokane County Public Defender’s Office at 509-477-4246 and we will try to answer your questions.
In response to the State vs Blake ruling, Superior Court has created a simple motion form along with instructions for those seeking to vacate a Possession of Controlled Substance conviction.