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State v. Blake

Decriminalizing Drug Possession in Washington State

Latest Update

The opinion in Blake is now final as of April 2021. We know that many have questions about the Blake opinion and how the decision will impact them. Our office is currently reviewing our current and past cases and contacting clients who may be impacted.

On July 19th, Governor Jay Inslee provided additional relief to those who are still under DOC supervision for simple drug possession charges. If you are affected, please download and fill out the State v. Blake Clemency Relief Petition.

We have created a FAQ below to help you understand the Blake decision, how it might affect you, and what steps you can take next.

Please contact your attorney directly for specific information about your case.

(Last updated 7/20/21)

Frequently Asked Questions

What is the State v. Blake decision?

The Washington State Supreme Court issued their opinion on February 25, 2021, finding that RCW 69.50.4013; simple felony drug possession statute, is unconstitutional. The decision became final on April 21, 2021.

Can an attorney be appointed to help me in my case?

Yes! You have the right to have counsel appointed and we strongly encourage you to have legal counsel to assist you.

How can I find an attorney to assist me?

If you are a current or prior client of the Washington Appellate Project, please contact our office by phone or U.S. mail.
(Please note that in-office staff has been reduced due to COVID restrictions.)

Phone: 206-587-2711

Toll-Free: 1-877-587-2711

Washington Appellate Project
1511 Third Avenue, Suite 610
Seattle, WA 98101


If you are NOT a current or prior client of the Washington Appellate Project

  1. Contact the attorney who represented you in the trial court and/or the agency where he/she works.
    If you do not have success with this ….
  2. Contact the office that appoints counsel for the county where you were convicted and advise that you need counsel pursuant to State v. Blake. Please see links below for a directory of public defense offices.
  3. Contact the Washington State Office of Public Defense (OPD).

How do I know if my conviction/sentence is affected by State v. Blake?

  1. You have a conviction for simple possession of controlled substance;
  2. A conviction for simple possession of controlled substance was included in your criminal history to determine your offender score.
  3. There are other situations that may apply. Trial counsel should be able to assist you if you have questions.

Additional Resources