What is The Blake Decision In Washington State

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The Blake Decision: Washington Says "Nah Bro" to Felony Drug Possession (But Maybe Not Forever?)

Ever heard of getting off on a technicality? Well, in Washington State, an entire law got the boot thanks to a little thing called the Blake Decision. Buckle up, because this story is about justice, drugs (of course), and a dash of legal weirdness.

What is The Blake Decision In Washington State
What is The Blake Decision In Washington State

So, What Was This Blake Decision About?

Back in February 2021, the Washington Supreme Court threw some serious shade on the state's felony drug possession law. They said the law was unconstitutional because it basically punished people for having drugs, even if they didn't know they had them!

Why was that a problem? The law didn't require someone to knowingly possess drugs. You could have accidentally stumbled upon a stash in a borrowed jacket and BAM! Felony on your record. The court said, "Nah, that ain't cool," and tossed the whole law out.

This Means You Can Walk Down the Street With a Pocket Full of Weed Now, Right?

Hold on there, tiger. The Blake Decision only affected past convictions. So, if you got busted for drug possession before February 2021, you might be eligible to get that conviction erased from your record. Plus, you could get some money back for any fines you paid. Talk about a sweet deal!

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However, Washington lawmakers scrambled and passed a new law in 2023 that makes drug possession a misdemeanor again. But here's the twist: for the first two offenses, you get diverted to treatment programs instead of jail time. So, the state's trying a new approach, which is pretty interesting.

This Sounds Complicated. Is There a TL;DR Version?

Absolutely, my friend. Here's the Blake Decision in a nutshell:

  • Old law: Felony for drug possession, even if accidental.
  • Blake Decision: Old law = unconstitutional.
  • New law: Drug possession is a misdemeanor with mandatory treatment for the first two offenses.

Basically, Washington said "peace out" to the old way of doing things and is trying a more treatment-focused approach.

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Frequently Asked Questions

FAQ: You've Got Questions, We've Got Answers (Kinda)

How to know if I'm eligible for a Blake Decision refund?

This depends on your specific situation. Check with the Washington State Courts website or your local county court for more info.

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How to get my Blake-related conviction vacated?

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Again, consult the Washington State Courts website or your local county court. They'll have the info you need.

How to avoid accidentally possessing drugs?

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This one's a tricky one. Maybe avoid borrowing jackets from strangers?

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How to deal with drug addiction?

If you or someone you know is struggling with addiction, there are resources available to help. The Substance Abuse and Mental Health Services Administration (SAMHSA) is a good place to start: https://www.samhsa.gov/.

How to know if this blog post is 100% legal advice?

Absolutely not! This is for entertainment purposes only. If you have legal questions, consult with an actual lawyer. They're the pros, not some blog writer with a quirky sense of humor.

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Quick References
TitleDescription
seattletimes.comhttps://www.seattletimes.com
nps.govhttps://www.nps.gov/state/wa/index.htm
wsu.eduhttps://wsu.edu
census.govhttps://www.census.gov/quickfacts/WA
washington.eduhttps://www.washington.edu

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