Washington State Supreme Court Finds State’s Felony Drug Possession Law Unconstitutional

Q13 Fox:

The Washington State Supreme Court has ruled that the state's felony drug possession law is unconstitutional.

Immediately following the ruling, Seattle Police announced they would no longer be arresting people for simple drug possession, and they won't confiscate drugs under the statute. Other agencies quickly followed suit.

The law made possession of a controlled substance a felony punishable by up to five years in prison, plus a hefty fine.

In its ruling released Thursday, the high court said the law serves to "criminalize innocent and passive possession" because it is a "strict liability" law, meaning prosecutors don't need to prove intent.

The ruling strikes down RCW 69.50.4013 Section 1. Without that section, there is essentially no state law on simple drug possession.

Former U.S. Attorney John McKay called the decision "remarkable."

Remarkable indeed.