Is Drug Possession Actually Legal in Washington State?

In February 2021, the Washington State Supreme Court ruled to decriminalize the possession of drugs, claiming that it was unconstitutional to prosecute someone for simple drug possession.

During the following months, there was no law that prohibited drug possession. But a new law was passed in May of that year, and is effective through June 2023.

This back and forth can make things confusing. Are drugs actually legal or not? Here’s what you should know about how the laws have changed in Washington State.

Before 2021

Prior to the State of Washington v. Blake, possession of a controlled substance was either a misdemeanor or a felony, depending on the schedule of the drug.

Possession of drugs like heroin, cocaine, or methamphetamine was considered a felony offense, while possession of certain prescription meds or drug paraphernalia was considered a misdemeanor.

February 2021 to May 2021

After the Supreme Court’s ruling in February, law enforcement officers were not making arrests for simple possession, regardless of what kind of drug it was. There was no official law that prohibited drug possession, which meant that it was no longer a crime in Washington State.

Then a few months later in May, a new law was passed, which once again made drug possession a crime. But there are two main differences under this new law that you should know about.

May 2021 to July 2023: The Current Law

The first difference is that possession of a controlled substance is no longer considered a felony, regardless of the drug. If you’re arrested with small amounts of heroin, cocaine, or methamphetamine, it’s now a misdemeanor offense.

However, possessing large quantities of a controlled substance can be considered a felony. Manufacturing, selling, or distributing drugs is a felony offense.

Secondly, there’s now a “three-strike rule” when it comes to drug possession. When an individual is detained for possession the first time, they are referred to seek treatment rather than stand in front of a judge.

After the second violation, they are again referred to seek treatment, and still are not charged with a crime. It’s up to the individual to seek treatment. They are not forced into it.

The third strike offers no protection. In that case, they can be arrested and charged with a misdemeanor.

What can I do about past drug possession charges?

As a result of State of Washington v. Blake, the courts are in the process of vacating past drug possession charges. If you were convicted of drug possession prior to February 2021, there are steps you can take to have it removed from your record.

The first step is to contact the county court that handled your case. The next step is to contact your attorney for guidance on the process of vacating the charge.

At Verity Criminal Defense, we can help you sort through all the details and make the process as simple as possible. Vacating a past conviction can help with employment and housing opportunities. You may also be entitled to reimbursement of any fines that you initially paid.

 If you’re currently facing charges that involve drug possession, it helps to have an experienced team working with you at every step to defend your rights and exercise all your available options. Contact us today for a free case review to see what we can do.