Inslee Commuting Sentences Following Drug Possession Decision

OLYMPIA, WA — Gov. Jay Inslee has promised to commute the sentences of Washingtonians who have been jailed for simple drug possession, starting with 13 commutations Tuesday.

The governor's announcement follows a February ruling by the Washington Supreme Court, which struck down a portion of state law that made simple drug possession a crime.

The case that brought the issue to the Supreme Court was the 2016 arrest of Spokane's Shannon Blake. Blake, arrested during an unrelated search warrant, ended up charged with felony drug possession when, during booking, officers found a small bag of methamphetamine tucked in her jeans.

Blake said she had just received the pants as a gift from a friend, who had bought them secondhand, and no idea they held drugs in the coin pocket. A trial court ruled that Blake, even if unwittingly, had been in possession of illegal drugs, and found her guilty.

She successfully appealed her case to Washington's highest court, which ultimately ruled in her favor, saying the law was unconstitutional because it did not require prosecutors to prove the suspects knew they possessed drugs.

With that statute overturned, the state was left with a dilemma: dozens of Washingtonians currently in jail for something that is no longer a crime.

As the governor's office explains:

"The court’s decision essentially invalidated the statute that was the basis for the criminal convictions and related sentences for numerous individuals, including many in DOC custody in state prisons solely for these now-invalidated drug possession convictions"

In an effort to adapt to the changing laws, the governor says he and state courts are working in tandem to vacate the convictions of those inmates.

While the courts tackle some of the more complex cases, the governor has said he will grant unconditional commutations to those who were jailed solely for simple drug possession. He has already commuted 13 sentences are more are expected in the coming weeks as other incarcerated individuals issue petitions for clemency.

Related: Washington Supreme Court Rules Against Felony Drug Possession Law