WA courts have paid back $10M in legal fines as a result of Blake drug possession ruling
Since the state launched its online Blake refund portal in July, the Administrative Office of the Courts (AOC) has approved more than $276,000 in legal financial obligation refunds to individuals who have past drug possession and misdemeanor marijuana offenses in Washington state.
According to Robin Zimmermann, senior communications officer for the state courts office, that number is increasing hourly. She said that “payments for the online application refunds are on track to be processed and issued within 90 days.”
To date, Zimmermann said that Washington state courts have paid out a total of $9.4 million in legal financial obligation refunds. Prior to the online refund portal, the office was issuing reimbursements to Washington counties and municipalities for legal financial obligation refunds until June 30 of this year, she added.
Since the launch of the refund portal, more than 30,000 visitors have viewed the website and looked at over 25,000 uploaded cases online, Zimmermann said. More cases are uploaded every day.
“Blake team members are working on processing applications and collaborating with justice partners in outreach efforts to help inform Blake-impacted individuals across Washington State about the relief opportunities now available,” Zimmermann said.
The state is issuing the refunds as a result of the state Supreme Court’s landmark 2021 Blake decision, when the court ruled that the state’s drug possession law was unconstitutional and void because it did not require individuals to have knowledge of the drug possession.
The ruling removed any criminal penalties for drug possession. Instead, justices tasked state lawmakers that year with creating a temporary drug possession law. That law was set to expire in 2023 and legislators spent the session trying to come up with a permanent fix.
In May, state lawmakers reconvened for a one-day special session to permanently address the Blake decision by adopting a law making knowingly possessing illegal drugs a gross misdemeanor statewide. Knowing use in a public place also can be penalized with a gross misdemeanor under the new law.
The Administrative Office of the Courts oversees the Blake Refund Bureau together with local courts and county clerks, public defenders, prosecutors, impacted individuals, advocacy groups and other stakeholders, according to the agency.
In an emailed statement to McClatchy, Chris Stanley, the chief financial and management officer for AOC, said that the agency is “pleased that word is spreading about the Blake Refund Bureau.”
“We look forward to our continuing role supporting the process within the court system, and providing judicial relief to impacted individuals,” he added.
An estimated 200,000 felony drug possession charges, some dating back to the 1970s, and 150,000 misdemeanor marijuana charges may be eligible to be vacated.
Those convicted of drug possession prior to February 25, 2021, can have convictions removed from their records and their legal financial obligations reimbursed.
The Washington state legislature approved $47 million for the efforts of vacating hundreds of thousands of possession charges, and adjusting sentences for thousands of incarcerated or supervised individuals.
An additional $50 million dollars was set aside to reimburse individuals who paid fines and fees as a result of the convictions.
Individuals with past drug possession and misdemeanor marijuana offenses can find more information on refunds at the Blake Refund Bureau website.
This story was originally published September 13, 2023 at 5:00 AM with the headline "WA courts have paid back $10M in legal fines as a result of Blake drug possession ruling."
