Washington Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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*Possession: If you are charged with possession of any drug other than marijuana, you will be charged with a Class C Felony, regardless of the quantity.
The new law adopted by state lawmakers makes drug possession a gross misdemeanor punishable by up to 180 days in jail on the first two offenses and up to a year on the third arrest.
The new law adopted by state lawmakers makes drug possession a gross misdemeanor punishable by up to 180 days in jail on the first two offenses and up to a year on the third arrest.
The Blake Decision The Supreme Court overturned her conviction on the grounds that strict liability for ?innocent, passive conduct? was unconstitutional. Along with the conviction, the State of Washington v. Blake decision invalidated the state's felony drug possession statute.
(1) The statute defines "distribute" as meaning "to deliver," 21 U.S.C. § 802(11), which in turn is defined as meaning "the actual constructive or attempted transfer of a controlled substance, whether or not there exists an agency relationship." § 802(8) (emphasis added).
Blake. The ruling meant there was no state law making simple possession of drugs a crime unless the legislature recriminalized it, which it has now done via passage of ESB 5476.
State v. Blake is a 2021 Washington State Supreme Court decision that held that the drug possession law was unconstitutional.