Drug Possession

In Washington, as with anywhere in the US, drug possession laws are incredibly strict but nuanced. Whether you are caught with a small amount of illegal substances or it’s a larger quantity, the consequences can range from simple misdemeanor charges to something more severe like felonies.

Washington has decriminalized certain drug offenses for those in possession of small amounts of marijuana for personal uses, given that it is within the legal limits of state law. However, for most other controlled substances, like heroin, cocaine, and methamphetamine, even a minor possession charge can lead to serious criminal charges that could have long-lasting effects on your future.

Having a criminal defense attorney in Washington well-versed in drug possession laws is important for protecting your rights and building up a strong defense brick by brick. Drug possession charges can entail more than you may think. For example, there might be search and seizure issues, potential diversion programs, and even evolving state laws that can make navigating these cases alone quite the challenge.

An experienced drug possession attorney understands the ins and outs and can challenge evidence and negotiate on your behalf for reduced charges or alternative sentencing options. With the stakes being so high, especially with potential prison time and the lasting impacts these charges will have on your record, a knowledgeable defense attorney can make all the difference in helping you achieve a good outcome for your case.

Types of Drug Possession Charges

In Washington state, you can find drug possession charges classified into two categories: simple possession and possession with the intent to deliver. Simple possession involves someone carrying a small quantity of illegal drugs for personal use, while possession with intent to deliver means that they will likely distribute or sell the substances.

In many cases, the prosecutor on these cases will consider facts like the amount of drugs and paraphernalia found in your possession and if there’s any prior criminal history. They will use all of this information to determine the severity of the charges they are bringing against you.

Washington State Statutes and Laws on Drug Possession

In Washington, drug possession laws and related statutes are outlined in theRevised Code of Washington (RCW). Here are some specific to drug possession in your state.

RCW 69.50 – Uniform Controlled Substances Act

Thischapter is where you will find information on the regulation and enforcement of drug-related offenses in Washington.

RCW 69.50.4013 Possession of Controlled Substances

Thisstatute criminalizes the possession of controlled substances unless they were obtained through a valid prescription or authorized by law. Following the 2021 Washington Supreme Court ruling in State v. Blake, this law was amended. The amendment reduced simple possession to a misdemeanor under certain conditions and also emphasized the availability of treatment-based alternatives.

RCW 69.50.101 − Definitions

In thissection, you can find key terms like “controlled substance.” It also specifies what drugs are included under Schedules I through V as categorized by the state. These include dangerous narcotics to those that are less harmful, like prescription medications.

RCW 69.50.408 − Penalty Enhancements

Here, you will find thepenalty enhancements outlined for drug offenses that occurred near a school, park, or other protected areas. If drug possession or delivery happens within 1,000 feet of these locations or it is a second or subsequent offense, the penalties can increase significantly.

RCW 69.50.435 − Drug-Free Zones

Even if it is a simple possession charge, the penalties can be more severe if the crime happens within these designated “drug-free zones.” Again, this includes areas near schools and public transport stops.

RCW 69.50.4121 − Use of Drug Paraphernalia

If you possess or use drug paraphernalia, like items used to store, prepare, or consume the drugs, you will find regulations for this understate law. They are usually treated as separate misdemeanor offenses but can also be linked to your drug possession charges.

These statutes all show the approach Washington has chosen to take with drug possession charges, which blends criminal penalties with avenues one can take for rehabilitation.

The Beauty of Washington and the Need for Strong Legal Advocacy

Washington state is a place of breathtaking beauty, with its lush forest areas, towering mountains, and quiet waterways that create an abundance of opportunities for outdoor enthusiasts.

Drug possession charges, even in a state that has a more progressive attitude toward substance use, can still find ways to disrupt your life. If you find yourself with a legal issue, a skilled criminal defense attorney is essential because of their knowledge in state laws and drug possession statutes. They also have a good understanding of the community dynamics that can influence yourcriminal case in one way or another.

Fight Drug Possession Charges With a Qualified Criminal Defense Attorney

Don’t get overwhelmed by your drug possession charges in Washington, and don’t feel as if you have to tackle them alone. With the right criminal defense attorney on your side, you can challenge the charges and work toward a fair resolution that protects your future.

Your attorney will examine all of the details surrounding your particular case and see if there are any potential issues with the evidence or procedural errors. They will use this information to build a strong defense.

Your attorney can also help you explore other options like diversion programs or reduced penalties to minimize the impact these charges can have on your life. With the right guidance, you can get through the process confidently and fight for a possible positive outcome.

With that being said, we firmly believe that even drug possession charges can be challenged in some way. Our attorneys have over 20 years of experience under their belts and can help if you or a loved one are being accused of drug possession in Western Washington.

An unfortunate but common crime in Washington State as well as the rest of the country is drug related. Most drug possession charges are based on Violations of the Uniform Controlled Substances Act (VUCSA). Even the smallest amounts of methamphetamines (Meth), cocaine, or heroine would be a violation. And even though small quantities of marijuana are technically legal in Washington, larger quantities could also result in a VUCSA charge.

If you are facing a VUCSA charge, be prepared to face serious consequences, such as prison, fines, probation, and court-ordered treatment. If the state is alleging that your drug case involved an intent to deliver, actual delivery, or manufacturing, be prepared to face even stiffer penalties.

The consequences you are facing are dependent on several different variables. For example:

• What type of drug was involved and its drug schedule classification (such as cocaine, crack, heroin, marijuana, and meth)
• How much of the drug was involved
• Whether the possession was for personal usage or was there with intent to sell/distribute
• Evidence of drugs being sold
• If you have criminal history (felony offender score)
• Whether there were weapons involved

If you are facing a drug possession charge, it is important to contact an experienced attorney as soon as possible. It is understandable to be scared about the consequences you are facing. However, there are potential opportunities available to you depending on the facts of your situation.

Contact our experienced criminal defense attorneys for a free consultation to discuss your rights and options.