It’s been nearly two years since the Washington Supreme Court handed down their decision on State v. Blake. Starting in December, legislators will begin in earnest exploring a long-term solution to address the ruling.

As a reminder, in 2021, the Supreme Court determined that the statute that penalized possession of a controlled substance was unconstitutional because it lacked the requirement that a person “knowingly” possessed the substance. The statute had been in effect since 1971. During the 2021 session, the Legislature passed SB 5476 to provide a temporary solution to the ruling. As a part of the bill, the Legislature must enact a permanent fix by July 1, 2023.

Beginning in early December, the Senate Law & Justice Committee and the House Civil Rights & Judiciary Committee will meet and included on their agendas are Blake-related items. These committee meetings mark some of the earliest work to be completed by the Legislature on Blake.

AWC’s 2023 legislative agenda includes supporting clarification around the crime of possessing a controlled substance so that individuals, law enforcement, and treatment providers can respond appropriately. For more information on AWC’s legislative position on Blake, please read our fact sheet.

Dates to remember

The Senate Law & Justice Committee will hear recommendations from the Substance Use Recovery Services Advisory Committee on Thursday, December 1 at 8 am.

The House Civil Rights & Judiciary Committee will receive an update on the State v. Blake Refund Bureau and public defense response on Friday, December 2 at 10:30 am.