Drug Possession Advisory

This advisory is intended to assist defenders representing noncitizens facing drug possession charges following State v. Blake and SB 5476.  Misdemeanor drug possession (with the exception of some marijuana possession offenses) has the same immigration consequences as felony drug possession: it will trigger deportation grounds and render people ineligible to get lawful status. In light of potentially severe consequences, defenders are encouraged to consult WDA’s Immigration Project prior to entering a plea or going to trial on any drug possession charges.

This advisory does not address specific requirements for Blake-related motions and orders to vacate possession convictions. That advisory will be forthcoming shortly.  In the meantime, please contact WDA’s Senior Directing Attorney Annie Benson to ensure that your motion and order will be effective to eliminate a Blake drug possession conviction for immigration purposes.

Updated 5.2021