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Washington Possession of Controlled Substances Initiative (2021)

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Washington Possession of Controlled Substances Initiative
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Election date
November 2, 2021
Topic
Drug crime policy
Status
Not on the ballot
Type
State statute
Origin
Citizens

The Washington Possession of Controlled Substances Initiative (#1818) was not on the ballot in Washington as an Initiative to the People, a type of initiated state statute, on November 2, 2021.

This initiative would have amended Washington’s drug possession statute (RCW 69.50.4013), which was ruled unconstitutional by the Washington State Supreme Court in February 2021 because it did not require proof that an accused person knowingly possessed a controlled substance. The initiative would have provided that "it is unlawful for any person to knowingly possess a controlled substance" unless prescribed by a doctor.[1]

Text of measure

Ballot title

The ballot title for this initiative would have been as follows:[1]

Initiative Measure No. 1818 concerns unlawful possession of a controlled substance.

This measure would reinstate the crime of unlawful possession of a controlled substance by requiring proof that an accused person knew they possessed the substance, changing a provision recently ruled unconstitutional.

Should this measure be enacted into law?

Yes [ ] No [ ] [2]

Ballot summary

The ballot summary for this initiative would have been as follows:[1]

In February 2021, the Washington Supreme Court, in State v. Blake, No. 96873-0, invalidated Washington’s drug possession statute, RCW 69.50.4013(1), which made it unlawful to possess a controlled substance without legal authorization. The Court found the statute unconstitutional because it did not require proof that the accused person knew they possessed the controlled substance. This measure would amend the statute to require proof that the accused person knowingly possessed a controlled substance. [2]

Full text

Path to the ballot

See also: Laws governing the initiative process in Washington

The state process

In Washington, the number of signatures required to qualify a directly initiated state statute—called an Initiative to the People in Washington—for the ballot is equal to 8 percent of the votes cast for the office of governor at the last regular gubernatorial election. Initial filings for direct initiatives cannot be made more than 10 months before the general election at which their proposal would be presented to voters. Signatures must be submitted at least four months prior to the general election.

The requirements to get an Initiative to the People certified for the 2021 ballot:

The secretary of state verifies the signatures using a random sample method. If the sample indicates that the measure has sufficient signatures, the measure is certified for the ballot. However, if the sample indicates that the measure has insufficient signatures, every signature is checked. Under Washington law, a random sample result may not invalidate a petition.

Details about this initiative

  • Andrew White filed the initiative on April 5, 2021. Ballot language was issued on April 13, 2021.[1]
  • No signatures were submitted by the deadline on July 2, 2021.[1]

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 Washington Secretary of State, "Proposed Initiatives to the People 2021," accessed April 14, 2021
  2. 2.0 2.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.