Today, the Washington Supreme Court held that Washington’s strict liability drug possession statute is unconstitutional. Finding that the statute criminalizes innocent and passive possession – even by a defendant who does not know that drugs lay hidden in something they possess – Washington’s Supreme Court held that the statute goes beyond the legislature’s police power and is therefore unconstitutional under both the federal and state constitutions. This is a major win for the defense and the effect of this decision is far reaching. If you are a current client with our firm, and your case will be affected by this decision we will be in contact with you. For anyone else pending a unlawful possession of a controlled substance charge, contact your attorney because you very likely have some good news in store!

To access the full opinion you can do so here https://www.courts.wa.gov/opinions/pdf/968730.pdf

Categorycriminal defense

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