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Posted on: February 26, 2021

From the Desk of the Police Chief: WA Supreme Court Ruling on Drug Possession

Yesterday the Washington State Supreme Court ruled that RCW 69.50.4013 - Possession of a Controlled Substance, is unconstitutional.  This means, effective immediately, “simple drug possession” by itself is no longer a circumstance in which DuPont Police Officers are legally allowed to affect an arrest or detain an individual for. This new ruling applies to all illegal drugs, including but not limited to Cocaine, Heroin, and Methamphetamine.

While this ruling applies to all law enforcement agencies within our state, we are in active communication and consultation with our City Attorney’s Office, the Lakewood Municipal Prosecutor’s Office, and the Pierce County Prosecutor’s Office on this new ruling and its impact.  Currently, this ruling does not appear to limit our officers’ ability to conduct investigations involving other illegal drug activity, as long as RCW 69.50.4013 is not the foundation for any investigation.

In the wake of this ruling, we would like to remind the public that the DuPont Police Department is committed to upholding the rule of law while doing everything we can to ensure a safe and secure environment for all residents and visitors to our city.

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