State Of Washington, Respondent V. K.l.o., Appellant

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
STATE OF WASHINGTON, No. 54175-1-II
Respondent,
v.
K.L.O., UNPUBLISHED OPINION
Appellant.
WORSWICK, J. — KLO appeals her adjudication for violation of the uniform controlled
substances act—possession of 40 grams or less of marijuana while under 21 years of age. She
argues that her adjudication is unconstitutional under State v. Blake, 197 Wn.2d 170, 481 P.3d
521 (2021). We agree. Consequently, we reverse KLO’s adjudication and remand to juvenile
court to vacate KLO’s adjudication for possession of 40 grams or less of marijuana while under
21 years of age and dismiss the case.
FACTS
In June 2019, the State charged KLO with one count of violation of the uniform
controlled substances act—possession of 40 grams or less of marijuana while under 21 years of
age. The juvenile court found KLO guilty. KLO appeals her adjudication and disposition.
ANALYSIS
KLO argues that in light of our Supreme Court’s holding in State v. Blake, 197 Wn.2d
170, 481 P.3d 521 (2021), we should vacate her unlawful possession of a controlled substance
adjudication. In Blake, our Supreme Court concluded that the strict liability drug statute, RCW
Filed
Washington State
Court of Appeals
Division Two
June 2, 2021

No. 54175-1-II
2
69.50.4013(1), is void because it “criminalize[s] innocent and passive possession” of controlled
substances and violates the “due process clauses of the state and federal constitutions.” 197
Wn.2d at 187, 188. The State concedes this issue, and we agree that KLO’s adjudication must be
reversed.
Accordingly, we reverse KLO’s adjudication for violation of the uniform controlled
substances act—possession of 40 grams or less of marijuana while under 21 years of age, and
remand to the trial court to vacate this adjudication and dismiss the case.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW
2.06.040, it is so ordered.
____________________________
Worswick, J.
We concur:
__________________________________
Lee, C.J.
__________________________________
Veljacic, J.