As we have previously discussed, the Supreme Court of Washington declared the possession statute unconstitutional as it lacks a mens rea requirement
https://www.courts.wa.gov/opinions/pdf/968730.pdf. The simple possession statute states “It is unlawful for any person to possess a controlled substance . . . .” RCW 69.50.4013(1). https://app.leg.wa.gov/rcw/default.aspx?cite=69.50.4013. This historically, was read as strict liability.
In response, the City of Marysville has changed their ordinance adding the word “knowingly” to its drug possession ordinance. Simple drug possession in Marysville is now a gross misdemeanor, punishable by up to 364 days in jail and a $5,000 fine.
It remains to be seen how the City of Marysville intends to enforce this. The City of Marysville would have to cover the costs of prosecution and of jail in these cases.
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Additional Resources
State v. Blake: Washington Drug Possession Law Declared Unconstitutional
Learn how the Washington Supreme Court’s landmark State v. Blake decision struck down the state’s strict liability drug possession statute and reshaped criminal law in Washington.
https://blanfordlaw.com/drug-unconstitutional-blake/
Why RCW 69.50.4013 Was Found Unconstitutional
This article explains why Washington’s former drug possession statute violated due process by allowing convictions without proof of criminal intent.
https://blanfordlaw.com/rcw-69-50-4013-unconstitutional/
“Those Are Not My Pants”: Washington Supreme Court Finds RCW 69.50.4013 Unconstitutional
Explore the facts behind a notable drug possession case and how it illustrates the reasoning behind the Blake decision.
https://blanfordlaw.com/those-are-not-my-pants-are-they-your-drugs-washington-supreme-court-finds-rcw-69-50-4013-unconstitutional/
State v. Olsen: Applying the Blake Decision
Discover how Washington courts have applied the Blake ruling to subsequent criminal cases and what it means for defendants seeking relief.
https://blanfordlaw.com/state-v-olsen-blake/
Washington’s Proposed Drug Decriminalization Law: Implications and Debate
Read about the legislative response to Blake, including proposals to reform Washington’s drug possession laws and the policy debates surrounding them.
https://blanfordlaw.com/washingtons-proposed-drug-decriminalization-law-implications-and-debate/