Blake declared Washington's strict liability drug unconstitutional. You can also overturn misdemeanor drug possession convictions and get LFO refunds from the District or Municipal Court. Anyone convicted under Washington's previous drug possession law in the past 50 years could be eligible to have their sentences overturned or their convictions eliminated altogether. The basic problem with the statute was that it determined strict liability even if the person unknowingly possessed drugs.
If your family member or friend has not yet heard from your lawyer in drug possession cases where you are in custody, you should contact your lawyer immediately. You are also eligible to have your felony drug possession convictions vacated and your LFO's reimbursed or transferred to other cases in that county where you owe LFOs. Federal Drug Trafficking Penalties (21 USC 84) Penalties for federal drug trafficking convictions vary depending on the amount of controlled substance involved in the transaction. For other counties, if you were convicted of drug possession and no other crime and your conviction was not recent, you may want to prepare and file your own motion and file it in court.
Meanwhile, some local governments are taking matters into their own hands when considering local ordinances on drug possession. The opportunity to overturn convictions for drug possession could be a big step for many trying to rebuild their lives, Smith said. The bottom line is that state law that criminalizes possession of controlled substances has been declared unconstitutional; in other words, it is no longer a crime for someone to possess controlled substances, either knowingly or unknowingly. If your conviction for drug possession was recent and you filed a guilty plea to avoid a higher charge, there is a slight chance that the prosecutor will recharge you in that superior defense.
Anyone who is not a citizen with a conviction for drug possession on their record is at risk of arrest and deportation. Voters there approved a measure last November to turn drug possession into a civil offense, with the fine forgiven if the user undergoes a health screening. Federal Drug Laws (21 USC Controlled Substances Act) Possession, use, or distribution of illicit drugs is prohibited by federal law. The result of that decision is new legislation (SB 547) that requires law enforcement agencies across the state to follow the path that Seattle, Burien and some other jurisdictions are currently taking with respect to drug possession and other low-level crimes.
