A recent decision from the state Supreme Court could have a cataclysmic impact on Washington’s criminal justice system. The Legislature must work quickly this year to temper the temblor in the state’s judicial and policing structures.
In a 5-4 decision on Feb. 25, justices struck down a decades-old drug-possession statute as unconstitutional. The general consensus is that the ruling in State v. Blake not only affects cases in which someone accidentally or unknowingly possessed illegal drugs, but also requires that past convictions be vacated, new sentences be imposed and fines be reimbursed.
Until the ruling, people in possession of illegal drugs could be convicted even if they did not know they were carrying. Washington was the only remaining state in which prosecutors were not required to prove intent, and the ruling calls into question all drug convictions over the previous five decades.
“We think this is a $100 million issue,” Juliana Roe, policy director of the Washington State Association of Counties, told Crosscut.
Because the Legislature passed the now-defunct law in 1971, lawmakers should provide the funding for counties to navigate the fallout of the ruling. And because that ruling appears to mean that anybody in Washington – including minors – now may possess drugs such as cocaine, methamphetamine and heroin, lawmakers should clarify that the most dangerous substances remain criminalized in the state.
Those are the immediate concerns. But in the long run, the ruling demands that Washington rethink its criminal justice system and that system’s role in the nation’s failed war on drugs.
As attorney Mark Middaugh told The Seattle Times: “The Supreme Court took a dramatic step towards having a more just and humane criminal justice system. It’s a big step; it’s a big deal. The Legislature should not rush to resume hostilities in the war on drugs. The Legislature has a tremendous opportunity to take a pause and instead focus on public health and racial equity.”
Drug policy historically has provided inequitable punishment in Washington and other states. The King County Public Defender’s office has determined that Black defendants are 62 percent more likely than white defendants to go to prison for felony drug charges.
In recent years, the state has transitioned from the harshest approach to prosecuting drug possession. Specialized courts, including in Clark County, have focused on treatment rather than incarceration; those courts have been effective at reducing recidivism and addiction while decreasing jail time and the cost to the public.
Addiction should be treated as a public health crisis rather than a criminal crisis, and that will necessitate large investments in treatment facilities and programs. Over time, that will reflect a wise expenditure, yielding more benefits than mass incarceration.
Questions about how Washington should approach drug policy can be informed by what is taking place in Oregon. There, voters in November approved the decriminalization of small amounts of drugs while increasing access to treatment and recovery services.
Washington should not be quick to adopt a similar law, but it can learn from what works well and what does not in Oregon.
Either way, the Blake ruling will provide a much-needed impetus for rethinking our state’s approach to drug enforcement. The first steps should be to keep drugs out of the hands of minors, reinforce laws against drug dealers, and enhance behavioral interventions. After that, the focus must be on an equitable justice system.
