Washington Supreme Court

State v. Blake

February 25, 2021197 Wash. 2d 170

Summary

The Washington Supreme Court held that the state's strict-liability felony drug-possession statute violates the state and federal Due Process Clauses because it criminalizes wholly innocent, passive possession without proof of mens rea while imposing severe felony consequences. The court declined to read a mens rea requirement into the statute, concluding that longstanding precedent and legislative acquiescence foreclosed statutory reinterpretation. It therefore vacated Blake's conviction.