Local Law Enforcement Adjusting After Simple Possession Ruling

The state Supreme Court's decision last week to strike down Washington's drug possession law left many members of law enforcement in a combination of shock and disbelief. As a result, simple possession cases statewide being are abandoned.

Wenatchee Police Chief Steve Crown said the cases touch on a lot of different criminal behaviors like theft, DUI, robbery, burglary and others. On top of that, the state has provided no guidance so far as to where the line between simple possession and intent to deliver is.

"Obviously you're going to have to prove in a court of law that the amount goes way beyond personal use and it's clearly an enterprise." stated Crown, "There's other things you'll need to prove in a court of law as well associated with the possession of that type of level of drugs."

The Columbia River Drug Task Force should still continue to function as it deals more with the delivery of drugs, but it could be much more difficult to build cases now. In many instances, conspiracy cases start at the possession level and work their way up the 'chain of command'.

Crown said possession charges generally are one of the few pathways to court ordered treatment.

"Mechanisms like the drug court (could be affected). Possession charges are prime candidates that end up in drug court, and sometimes that is really the only means that gets people down the right path to recovery," continued Crown.

Crown thinks the state legislature is going to have their work cut out for them to get drug treatment services available to users, adding there needs to be a way in the criminal justice system to avoid full prosecution in lieu of treatment.