Washington State compensates people convicted of drug use

The State of Washington has officially launched an online portal to claim legal fees for those sued under drug criminalization laws which the State Supreme Court ruled unconstitutional in 2021.

On Saturday, the Administrative Office of the State Courts (AOC) launched the website Blake Refund Bureau to facilitate the process in coordination with the courts, county clerks, public defenders, prosecutors, advocates and other stakeholders.

«If you have a criminal record affected by Blake, you must first have your Blake-related convictions vacated and eligibility for reimbursement determined by the court or courts where your convictions occurred,» AOC said. «Once your convictions have been set aside, you can seek reimbursement for your Blake-related legal financial obligations.»

This new reimbursement fund was created in the wake of the state Supreme Court's landmark 2021 decision in Washington v. Blake, which held that the state's criminal code for drug possession offenses was unconstitutional because it did not require proof that a person had «knowingly» committed the offense, creating a situation in which people could be criminalized for involuntary drug possession.

The governor has since signed a bill passed by the legislature that reinstates prohibition, amending the language of the law to conform to the Constitution and reducing penalties for drug possession compared to the previous law. Visit cannabis has been legal here since 2012.

For the 350,000 or so people who found themselves trapped in the justice system under the old law, however, respite may be on the horizon.

Under the legislation passed, Washington State will release $47 million to facilitate the vetting and expungement of hundreds of thousands of criminal records for drug possession and marijuana possession. Another $50 million will be used to reimburse eligible individuals for court-imposed fines and costs.

The AOC will also be launching an awareness-raising campaign to inform the public about the criminal records relief initiative.