Aaron Allen, The Seattle Medium
The Washington Supreme Court recently ruled that the state laws criminalizing felony drug possession is unconstitutional. In the State v Blake, the decision of the court cemented an awareness of decades of racist drug policies that were catastrophic to communities of color. Despite this long-overdue opportunity to rethink these failing policies, many cities, counties, and state legislators are rushing to recriminalize possession in response.
According to the civil equity organization King County Equity Now, for the state legislature to rush to bring back 90s era “super predator” possession legislation this will only lead to more direct negative impacts and consequences through what they label as “distorted state violence” against the Black community is heinous and unacceptable.
“We want to keep you [the community] informed and bring you up to speed on King County Equity Now’s next steps on how things are playing out as they begin to re-criminalize things that may have a direct impact on our community,” says Traeanna Holiday spokesperson for King County Equity Now. “At King County Equity Now, we work to bring everyone information and education like this because we know often times we are left out of the decision-making that always ends up impact our communities and families.”
In 2016, Shannon Blake, the defendant in the State v Blake, was arrested during a stolen vehicle investigation and methamphetamines were found on her person and she was charged and found guilty of possession of a controlled substance. Fast forward to today and the Supreme Court found that the proceedings leading to a guilty verdict were unconstitutional.
State legislators worked to add the word “knowingly” into the state statute to make it constitutional, but the State Supreme Court ruling stated the just by adding the word “knowingly” in the statute does not make it constitutional.
“What we have seen is legislators wanted to insert the word “knowingly” into the statute to make it constitutional,” says Malika Lamont, director of Vocal WA, a grassroots organization that builds power among low and no-income people directly affected by the war on drugs. “What the Supreme Court decided was that “knowingly” possessing drugs was not in the statute is what made it unconstitutional. It did not guarantee that simple possession would not come into play, it just meant that the way it was original written made it unconstitutional.”
Since the 90s era War on Drug policies took effect, African Americans and people of color have been systematically incarcerated at an alarming rate devastating the future of communities across country. This legal and legislative battle along with the activism of organizations like King County Equity Now and VOCAL WA are working to prevent society from repeating the past.
“We refuse to re-create or accept backwards, antiquated, anti-Black laws,” said King County Equity Now in a statement. “That data, history and lived experience has repeatedly proven to only further devastate families, communities and those battling addiction.”
Advocates says that it is important that society acknowledge the urgency in defining what it is the African American community and people of color are trying to establish in understanding what it will take to de-criminalize actions like simple possession and how the legal system views how it impacts families and communities.
“This is part of the urgency behind the Blake decision,” says Lamont. “Even though they [the Supreme Court] acknowledged a lot of things the Black community has known for a long time about the oppressive nature of the War on Drugs and the way that it has played out in our communities, it did not guarantee that simple possession was going to remain de-criminalized.”
“We have this very imperfect piece of legislation in front of us right now. Strategically it is something that has to be addressed,” Lamont continued. “So, it is great that we are having this conversation – and that the community is organizing around this so we can engage with legislators.”
