Possession of Controlled Substance Charges Invalidated in Washington

Possession of Controlled Substance Charges Invalidated

The State of Washington has invalidated convictions for Possession of Controlled Substance going back forever. There is no limit to the number of convictions you have or the amount in possession. You may be eligible to have that charge vacated, any money paid refunded and your firearm rights restored.

On February 25, 2021, the Washington Supreme Court invalidated all possession of controlled substance convictions in their ruling in State v. Blake. The court ruled that the law criminalizing possession of drugs without having to prove that you knew you were in possession of drugs was outside the authority of the government. As a result ALL convictions are invalid.

In addition to possession charges, convictions for unlawful possession of firearms or bail jumping are also invalid if the underlying charge was possession of controlled substance.

You Qualify If

  • You were convicted of simple Possession of Controlled Substance
  • You were convicted of a felony that was a result of a simple PCS conviction.
  • You were convicted of another charge in a plea bargain were the original charge was simple possession.

You Do Not Qualify If

  • You were convicted of Possession with Intent, Manufacturing or Delivering Controlled Substances.
  • Your original charge was a greater charge and you plea bargained to Possession of Controlled Substance.

How to Dismiss Your Charge

The court will not automatically vacate your conviction. You have to file paperwork with the court to demand that your charge gets dismissed, your money refunded and your gun rights restored. We are handling these cases across the state and we offer a free consultation.