What's Hot

    Emerging Drug Threat: Counterfeit Pills

    January 6, 2022

    San Diego Resident Indicted for Distributing Fentanyl that Resulted in 15-Year-Old’s Death

    December 30, 2021

    Dark Web Drug Busts Lead to 150 Arrests

    October 28, 2021
    Facebook YouTube
    Facebook YouTube
    Elks Drug Awareness Program
    Login
    • Home
    • News
      • Elks Drug Awareness Program
      • DEA News
      • Drug News
    • Speakers
      • Ray Lozano
      • Dr. Heather Talks
    • Partnerships
      • Drug Enforcement Administration
      • Young Marines
      • Missouri River Drug Task Force
    • Resources
      • Parents
      • Teachers
      • Kids
      • Promoters
    Elks Drug Awareness Program
    Home»News»Laws & Legislation»State Supreme Court’s drug possession decision changes laws on the Plateau
    Laws & Legislation

    State Supreme Court’s drug possession decision changes laws on the Plateau

    Enumclaw is likely to adopt a new law decreasing the penalty of drug possession from a class C felony to a misdemeanor.
    Elks Drug Awareness ProgramBy Elks Drug Awareness ProgramMay 5, 2021Updated:June 6, 2021No Comments4 Mins Read
    Facebook Twitter Pinterest LinkedIn Tumblr WhatsApp VKontakte Email
    Share
    Facebook Twitter LinkedIn Pinterest Email

    Drug possession laws will soon be changing on the Plateau, thanks to a recent Washington State Supreme Court decision.

    For the month of April, the Enumclaw City Council has been preparing Ordinance No. 2707, which revises the city’s drug possession laws to reflect the Feb. 25 State v. Blake decision.

    It’s unclear exactly what that means for Enumclaw at this moment.

    “The effects of the Blake decision are unknown at this time,” said Enumclaw Police Department’s Commander Tim Floyd. “Only time will tell if this new case law and process for drug enforcement will actually be beneficial and helpful, or make the drug issues in all of our communities worse.”

    If you’re not familiar with the Blake decision, here’s the gist.ADVERTISEMENTVolume 0% 

    In 2016, police in Spokane, WA, executed a search warrant looking for evidence of stolen cars, and arrested three people on the property, including defendant Shannon Blake. Once arrested, officers discovered a small bag of meth in the coin pocket of Blake’s jeans, and she was charged with possession.

    However, Blake testified she had no idea there were drugs in that pocket, since a friend of hers bought the jeans secondhand and gave them to Blake just two days before the arrest.

    The trial court found Blake guilty, and the appeals court held up those findings. But the state supreme court granted review and found that, in short, being charged with simply possessing drugs — knowingly or unknowingly — is unconstitutional, according to the Municipal Research and Services Center (MRSC).

    “Washington’s strict liability drug possession statute… makes possession of a controlled substance a felony punishable by up to five years in prison, plus a hefty fine; leads to deprivation of numerous other rights and opportunities; and does all this without proof that the defendant even know they possessed the substance,” Judge J. Gordon McCloud wrote in his opinion. “Does this strict liability drug possession statute with these substantial penalties for such innocent, passive conduct exceed the legislature’s police power? The due process clauses of the state and federal constitutions, along with the controlling decisions of this court and the United States Supreme Court, compel us to conclude that answer is yes.”

    This decision has repercussions statewide. According to the Department of Corrections, there are about 100 people in the state who are incarcerated only on a simple possession conviction, and about 7,000 who have been sentenced to community supervision on a simple possession conviction.

    Additionally, the DOC has identified about 2,600 people currently incarcerated on a simple possession conviction and at least one other conviction, as well as another 3,900 people who are serving community supervision on a simple possession plus an additional conviction.

    NEW ENUMCLAW ORDINANCE

    How the State v. Blake decision will impact Enumclaw, and the Plateau as a whole, is unclear, but adopting Ordinance No. 2707 is the first step.

    The ordinance is fairly simple, as it models the state legislature’s Senate Bill 5476. As of April 28, the bill was on Gov. Jay Inslee’s desk awaiting his signature.

    First, the ordinance will make it illegal to knowingly possess controlled substances unless it’s some sort of prescription or doctor’s order — “knowingly” being the new key word added to the books.

    Second, the ordinance reduces the punishment for knowingly possessing controlled substances from a class C felony (up to five years in prison and/or a fine of $10,000) to a misdemeanor (a jail sentence of 90 days and/or a $1,000 fine).

    (A previous version of the ordinance stipulated knowingly possessing controlled substances would be considered a gross misdemeanor).

    Floyd indicated that the ordinance won’t much change how the EPD goes about its business.

    “In my 23 years of law enforcement, the industry has faced many changes and challenges stemming from case law decisions,” Floyd wrote in an email interview. “The Blake decision will be no different, we will adapt to the changes and continue to provide the highest level of customer service and safety for community that we can within the rules and regulations that are set forth for us.”

    However, Floyd added that “it’s difficult to say” right now whether or not the EPD will continue enforcing drug possession laws. Other police departments, like in Seattle, have decided to stop confiscating, arresting, or detaining people solely for simple drug possession, the Seattle Times reported.

    “Generally speaking, when we encounter criminal drug possession, the drug possession itself is an inevitable discovery related to a separate crime which we will enforce,” Floyd continued.

    Ordinance No. 2707 is expected to make an appearance during the Enumclaw City Council’s May 11 meeting, when it will likely be adopted.

    Share. Facebook Twitter Pinterest LinkedIn Tumblr WhatsApp Email
    Previous ArticleStudy: Surge of teen vaping levels off, but remains high as of early 2020
    Next Article Washington’s 2-year experiment under new drug possession law
    Elks Drug Awareness Program
    • Website

    Related Posts

    Washington’s 2-year experiment under new drug possession law

    May 5, 2021

    Groups Urge US to End Emergency Scheduling of Fentanyl-related Substances

    April 8, 2021

    FYI: Here Are a Few Upcoming Updates to State Drug Laws

    January 22, 2021

    Comments are closed.

    Latest News
    • Cocaine
    • Crack
    • DEA News
    • Drug Busts
    • Drug News
    • Elks Drug Awareness Program
    • Fentanyl
    • Heroin
    • Laws & Legislation
    • Marijuana
    • Methamphetamine
    • News
    • Uncategorized
    • Vaping
    • Videos
    • Wanted Fugitives
    • What Heros Do
    Our Picks

    More than $1 billion in pot seized in Los Angeles-area bust

    July 8, 2021

    Methamphetamine in waterways may be turning trout into addicts

    July 8, 2021

    San Diego Resident Indicted for Distributing Fentanyl that Resulted in 15-Year-Old’s Death

    December 30, 2021

    Attorney General James Busts Two Major Drug Trafficking Rings in Central New York

    July 8, 2021
    • Facebook
    • YouTube
    About Us
    About Us

    Elks invest in their communities through programs that help children grow up healthy and drug-free, by undertaking projects that address unmet need, and by honoring the service and sacrifice of our veterans.

    Our Picks

    Tip leads to largest drug bust in Liberty County; at least $500K worth of meth found, authorities say

    May 6, 2021

    Fugitive in Savannah drug trafficking case gets 10 years in prison

    June 5, 2021

    DEA Announces Project Wave Breaker

    May 5, 2021
    New Comments
      Facebook YouTube
      • Home
      © 2022 Elks Drug Awareness Program.

      Type above and press Enter to search. Press Esc to cancel.

      Sign In or Register

      Welcome Back!

      Login to your account below.

      Lost password?