State v. Schmeling

¶1 — Richard Schmeling appeals his conviction under RCW 69.50.4013 for possession of a controlled substance. He argues that RCW 69.50.4013 is unconstitutional as applied under the Eighth Amendment to the United States Constitution and under the Fourteenth Amendment’s due process clause because the statute makes possession of very small amounts of a controlled substance a felony without requiring a culpable mental state, i.e., knowledge of possession or intent to possess. We disagree. In the unpublished portion of this opinion, we reject Schmeling’s additional arguments. Accordingly, we affirm…