Op-ed By Mary Yu | Special to The Seattle Times
In 2021, the Washington Supreme Court held in State v. Blake that our law criminalizing drug possession without criminal intent was unconstitutional and void. In general, when a law is declared unconstitutional, it is retroactive. As a result, our decision created an extraordinary undertaking due to the volume of Blake-related convictions that became eligible to be vacated with associated financial fines and fees to be reimbursed. It meant local courts across the state were tasked with vacating nearly every prior drug possession conviction — no small undertaking.
Almost five years later, much of this work has yet to be completed. As of July 2025, according to the most recent data from Washington State Patrol, more than 200,000 Blake-eligible convictions remain. Superior Courts have vacated less than half (41%) of Blake cases, and District Courts are at about 17%. Before significant cuts to funding for Blake attorneys last year, this work was on pace to take another decade to complete. Without additional funding, it could take much longer.