WPIC 50.00 Introduction—Drugs and Controlled Substances

Blake. On February 25, 2021, the Washington Supreme Court found RCW 69.50.4013 to be unconstitutional and “void” for lack of a scienter requirement. State v. Blake, 197 Wn.2d 170, 481 P.3d 521 (2021). The Washington Legislature subsequently amended this and other statues in this Chapter to include a knowing possession requirement. The WPI Committee routinely acknowledges instances where a case cited in the Comments has been overruled on other grounds or relied on a prior version of a statute, when it remains good law for the proposition cited. In this instance, the WPI Committee has determined that inserting a Blake qualification into every case that involved the prior version of the statute, but otherwise remains good law, would be unduly repetitive. Cases analyzing unlawful possession of a controlled substance prior to Blake should be read with this change in the law in mind.

Knowing possession requirement. The knowing possession requirement for unlawful possession of a controlled substance and unlawful possession of a legend drug applies to all offenses occurring on or after May 13, 2021. Laws of 2021, Chapter 311, §§ 8–12 (effective May 13, 2021).