Did State Supreme Court Just ‘Legalize’ Felony Drug Possession?
It has not really hit the news yet, but Fox Q13 reporter Brandi Kruse (who was part of the Gubenatorial debate last November) has posted a new ruling by the WA State Supreme Court that has essentially done away with felony drug possession.
Kruse is one of the few reporters on the state or regional level who is really tackling the tough and political topics of today, say many.
A ruling was handed down in a case called State of Washington vs. Shannon B. Blake. In the ruling the court basically said the way the felony drug possession law is written is un Constitutional. The ruling is dated February 25, 2021.
According to the court papers, the statute:
"...(seeks to)...criminalize innocent and passive possession, even by a defendant who does not know, and has no reason to know, that drugs lay hidden within something that they possess."
This means finding drugs in a person's car or even on them (pockets, clothing, elsewhere on person) is not enough to prove they meant to purposefully possess the drugs.
Kruse says what the state has done is basically legalize felony drug possession, and now the legislature will have to step up and address it.
To see the actual court brief, click on the button below.