PIERCE COUNTY, Wash. — Washington is getting to work clearing the records of people convicted under the state's previous drug possession law.
The law was deemed unconstitutional by the Washington State Supreme Court last year.
Washington's drug possession law was re-examined when a Spokane woman was charged with possession after police found a small amount of methamphetamine in the coin pocket of a pair of jeans she had borrowed from a friend in 2016.
In February of 2021, the state Supreme Court decided 5-4 to strike down the law after finding it didn't require people to know they had drugs in their possession to be charged.
Naomi Smith, a defense attorney in Pierce County, said the fallout from the law came down harder on certain communities.
“The populations that were greatest impacted by this were populations that were going to have more police contact,” explained Smith. “I would say, at least based off the audits done in Pierce County, that people of color, particularly Black people and Native Americans, are contacted more.”
Last year’s reversal has far-reaching implications.
Anyone convicted under Washington's previous drug possession law in the last 50 years could be eligible to have their sentences vacated or their convictions eliminated altogether. Any fines associated with the law that were paid could also be refunded.
Smith said this will also increase the chances that those found with drugs can get the help they need.
“If they are found to have substances on them, they’re more likely to be brought to a therapeutic process or get access to treatment, so that’s one thing, definitely less likely to be incarcerated,” she said.
The opportunity to have drug possession convictions vacated could be a huge stepping stone for many trying to rebuild their lives, Smith said.
“For a lot of people, all they had on their criminal history was these types of charges, and having a clean record is, that’s something that most people take for granted and they don’t understand all of the consequences,” said Smith. “It’s not just serving time. It impacts your ability to get a job. It impacts your ability to go on field trips with your kids. Stability is a huge part of staying out of the cycle of addiction, having a stable place to live, having a stable job. Vacating these convictions are giving people clean records that make it easier to get jobs and housing, and getting that money back absolutely helps with stability."
Anyone who was convicted of possession of an unlawful substance can visit Pierce County’s website and find information for those who were impacted by the state Supreme Court's decision, as well as information on how to get their case reviewed.