Washington State is taking action following a 2021 ruling by the state’s Supreme Court that declared the drug possession law unconstitutional.
The AOC is launching the Blake Refund Bureau to provide economic relief to individuals whose felony drug convictions and misdemeanor marijuana charges were overturned due to the court’s decision
The court’s ruling was based on the finding that the law failed to require proof of intent to possess a controlled substance, leading to the criminalization of innocent behavior and a violation of constitutional rights. As a result, the Administrative Office of the Courts (AOC) estimates that a significant number of drug possession felonies from the 1970s, totaling over 200,000 cases, could be invalidated.
The AOC report states that individuals convicted of drug possession may have their convictions removed from their records. Those under community custody with the Washington State Department of Corrections (DOC) could be released from supervision through a sentence commutation by the Governor. Furthermore, individuals who paid fines related to drug cases may be eligible for reimbursement.
The impact of this action extends to both previously free individuals and those currently incarcerated
It also presents an opportunity to dismiss tens of thousands of minor charges related to marijuana. It is worth noting that statistics indicate a disproportionate representation of Black individuals in prison and jails, comprising 38 percent of the incarcerated population despite accounting for only 12 percent of the U.S. population.
The Office of Public Defense estimates that over 200,000 felony drug possession charges dating back to the 1970s could potentially be vacated in superior courts. Additionally, around 150,000 misdemeanor marijuana charges may also be eligible for dismissal. To support the process of vacating these charges and adjusting sentences for incarcerated or supervised individuals, the Washington State legislature has approved $47 million in funding.
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