Washington clears convictions for drug possession after statute ruling

PIERCE COUNTY, Wash. — Washington is attending to work clearing the information of individuals convicted beneath the state’s earlier drug possession legislation. 

The legislation was deemed unconstitutional by the Washington State Supreme Courtroom final yr. 

Washington’s drug possession legislation was re-examined when a Spokane girl was charged with possession after police discovered a small quantity of methamphetamine within the coin pocket of a pair of denims she had borrowed from a good friend in 2016.

In February of 2021, Washington’s Supreme Courtroom determined 5-4 to strike down the legislation after discovering it did not require individuals to know they’d medicine of their possession to be charged. 

Naomi Smith, a protection legal professional in Pierce County, says the fallout from the legislation got here down tougher on sure communities.

“The populations that had been biggest impacted by this had been populations that had been going to have extra police contact,” she defined. “I’d say a minimum of primarily based off the audits finished in Pierce County that individuals of shade, notably Black individuals and Native People, are contacted extra.”

Final yr’s reversal has far-reaching implications.

Anybody convicted beneath Washington’s earlier drug possession legislation within the final 50 years may very well be eligible to have their sentences vacated or their convictions eradicated altogether. Any fines related to the legislation that had been paid may be refunded.

Smith says this may also enhance the probabilities that these discovered with medicine can get the assistance they want.

“If they’re discovered to have substances on them, they’re extra more likely to be dropped at a therapeutic course of or get entry to therapy, in order that’s one factor, positively much less more likely to be incarcerated,” she stated.

The chance to have drug possession convictions vacated may very well be an enormous stepping stone for a lot of making an attempt to rebuild their lives, Smith stated. 

“For lots of people, all they’d on their legal historical past was these kind of prices, and having a clear file is, that’s one thing that most individuals take as a right they usually don’t perceive all the penalties. It’s not simply serving time, it impacts your skill to get a job, it impacts your skill to go on area journeys along with your youngsters,” Smith stated. “Stability is a large a part of staying out of the cycle of habit, having a steady place to stay, having a steady job. Vacating these convictions are giving individuals clear information that make it simpler to get jobs and housing and getting that cash again completely helps with stability.”

Anybody who was convicted of possession of an illegal substance can head over to Pierce County’s web site and discover info for individuals who had been impacted by the Washington State Supreme Courtroom’s resolution, in addition to info on get their case reviewed.