{"id":377090,"date":"2018-06-18T16:04:05","date_gmt":"2018-06-18T21:04:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/washington-law\/washington-drug-possession-laws-1.html"},"modified":"2024-11-04T11:52:35","modified_gmt":"2024-11-04T16:52:35","slug":"washington-drug-possession-laws-1","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/washington-law\/washington-drug-possession-laws-1.html","title":{"rendered":"Washington Drug Possession Laws"},"content":{"rendered":"\n
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Washington Drug Possession Laws <\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Drug laws in Washington state have changed to reflect the concerns of the people. These changes caused confusion and some alarm among cities and law enforcement in Washington. The passage of the "Blake fix<\/a>" corrected ambiguities in the Revised Washington Codes. The fix addressed the charges and penalties for possession of a controlled substance.<\/p>\r\n

The new law made it a gross misdemeanor to knowingly possess any controlled substance without a prescription. This does not apply to possession of marijuana, which is legal in Washington. This article provides an examination of Washington’s drug possession laws.<\/p>\r\n

Background: <\/b>State v. Blake<\/i><\/h2>\r\n

In 2021, the Washington State Supreme Court<\/a> ruled the state’s strict liability drug possession law unconstitutional. The original law made unknowing, unintentional possession of controlled substances a felony.<\/p>\r\n

The State Supreme Court held that the law did not provide defendants with any way to avoid breaking the law. The court referred to this as "nonconduct." The court ruled this was unconstitutional and instructed the Washington legislature to rewrite the laws.<\/p>\r\n

An interim law was enacted, but the legislature did not pass a new statute before the regular legislative session was due to expire in July 2023. A special session passed the current rule, SB 5536,<\/a> in May 2023.<\/p>\r\n

New Rules, No Problems<\/b><\/h3>\r\n

SB 5536 replaced the misdemeanor charge and diversion program recommendation<\/a>. The interim law created issues because prosecutors were encouraged to refer individual cases for treatment or services but provided no other guidance.<\/p>\r\n

The law now makes it a gross misdemeanor to:<\/p>\r\n