Washington State has launched a first of its kind online portal that allows those charged with drug possession prior to 2021 to request reimbursement for expenses associated with the charges.
Following a 2021 decision by the Washington State Supreme Court (Washington v. Blake) that effectively decriminalized the personal possession of all drugs, the state Administrative Office of the Courts (AOC) has officially launched the Blake Refund Bureau website in order to facilitate reimbursements for those who were charged prior to the ruling. This will be done in coordination with city and county courts, clerks, public defenders, prosecutors and advocates.
“If you have a Blake-impacted criminal record, you must first have your Blake-related convictions vacated and refund eligibility determined by the court or courts where your convictions were issued,” says the AOC. “Once your convictions have been vacated, you can apply for reimbursements on your paid Blake-related financial obligations.”
Prior to 2021 the possession of even a miniscule amount of most drugs like heroin was a felony, as was the possession of more than an ounce of cannabis. The supreme court decision determined that not only must the law be changed going forward, but it must be retroactively applied. The state legislature has since passed a law to again make drug possession a crime (although this time a misdemeanor rather than a felony for simple possession), but this does not impact the fact that those charged prior to the supreme court ruling must be reimbursed for any expenses associated with their charge.
It’s estimated that this could impact more than 350,000 people. The AOC says they are launching a public outreach campaign to inform people about the option for reimbursements.
The state has allocated $47 million to facilitate the expungement of thousands of drug possession charges. An additional $50 million has been allocated to reimburse individuals for associated fines, fees and other costs.
