Drug Possession in Seattle

Washington state's drug possession laws are highly controversial. Historically, Washington followed strict drug possession laws that imposed severe penalties for possession of controlled substances, regardless of the amount or intent. However, a landmark decision by the Washington State Supreme Court in February 2021 (State v. Blake) declared the state's felony drug possession law unconstitutional because it did not require prosecutors to prove that the accused knowingly possessed the drugs.

In response, the Washington State Legislature passed Senate Bill 5476, which temporarily classes personal drug possession as a misdemeanor offense, provided law enforcement deems the amount for personal use. The law mandates that law enforcement officers refer individuals for evaluation or treatment for the first two offenses rather than make an arrest. Subsequent offenses may lead to charges, but the emphasis remains on diversion to health services.

Why You Need Our Seattle Attorneys If You Face Drug Possession Charges

Legal experts consider Washington state's drug laws controversial for several reasons. While the law has moved from a strictly punitive model, many feel it is still too harsh. Further, how the prosecution applies these drug laws to your case varies across Western Washington courts. Definitions for "personal use" or the processes for mandatory treatment referrals differ greatly among jurisdictions. The lack of uniformity results in unequal treatment, but it also gives our team cause to fight the charges.

Given the nuances and evolving nature of Washington's drug possession laws, you need a defense attorney who understands these complexities. For over 20 years, our legal team has been fighting drug possession charges in Western Washington. When you hire our drug possession defense attorneys for your Seattle case, we will:

• Interpret The Law: Our Seattle attorneys can clarify how the law applies to your specific circumstances, especially when differentiating between personal use and intent to distribute.
• Assess Your Case: Our Seattle drug defense attorneys thoroughly evaluate your situation to determine the most suitable approach. Whether we challenge the charges or pursue diversion programs, we'll fight for a favorable outcome for your case.
• Develop Defense Strategies: Our Seattle legal team will advocate for health-oriented interventions and negotiate terms that could prevent a criminal record.
• Manage The Legal Process: From arraignment and trial to treatment referral, having our attorneys by your side ensures that you receive favorable legal outcomes.

Drug possession laws in Washington state are convoluted and controversial. When you are up against these charges, you need legal expertise. You need our experienced Seattle legal team. Call our law offices now to learn how we can help you.

What Drugs Can Lead To Possession Charges In Washington?

Washington state categorizes controlled substances into schedules, which are determined by the drug's potential for abuse, medical use, and safety or dependency risk. Washington based its categorization on the federal drug classification schedule. Here's a brief overview of the types of controlled substances across different schedules as defined by Washington law:

• Schedule I: Schedule I substances have a high potential for abuse and have no accepted medical use in the United States. Further, they are not safe even under medical supervision. Examples include heroin, LSD, ecstasy (MDMA), and certain synthetic cannabinoids.
• Schedule II: Schedule II drugs have a high potential for abuse. Use of these drugs may cause a person to have severe psychological or physical dependence. However, they also have accepted medical uses in the United States. Examples include cocaine, methamphetamine, methadone, oxycodone, fentanyl, and Adderall.
• Schedule III: Schedule III substances have a potential for abuse. However, their abuse potential is less than Schedule I and II substances. While these drugs have accepted medical uses in treatment in the United States, abuse may lead to moderate or low physical dependence or a high psychological dependence. Examples include ketamine, anabolic steroids, and testosterone.
• Schedule IV: Schedule IV drugs have a lower potential for abuse than Schedule III substances. Abuse has limited physical or psychological dependence relative to substances in Schedule III. They are also currently accepted for medical use in the United States. Examples include Xanax, Soma, Darvon, Valium, Ambien, and Tramadol.
• Schedule V: Schedule V substances have a lower potential for abuse and contain limited quantities of certain narcotics. These are usually antitussive, antidiarrheal, and analgesic medicines. Examples include cough medicines with less than 200ML of codeine per 100ML, such as Phenergan with Codeine or Robitussin AC.

The drug schedule influences the severity of the charges and penalties you might face under Washington state law. Our Seattle attorneys specialize in drug possession laws, so we have in-depth knowledge of these classifications and know how to challenge them in court. We will build a robust defense strategy that sways the King County Courts in your favor.

Seattle Defense Attorneys Specializing In Drug Possession Defense

Our Seattle-based law firm is just right up the street, and you may even see our attorneys around town. At the Pike Place Market, you'll find us enjoying the fresh produce and artisan shops. We love taking in the serene views at Discovery Park, especially watching the sunset over Puget Sound. Cheering on the Mariners at T-Mobile Park and the Seahawks at Lumen Field is a regular pastime for us, just as much as wandering through the vibrant Washington Park Arboretum. We also often explore the eclectic shops of Capitol Hill, sip coffee at the original Starbucks, or unwind by the waters of Green Lake. Our favorites are community events like Seafair and Bumbershoot, where we all come together to celebrate Seattle. Finally, the iconic views from Kerry Park remind us why this city is our home.

These deep Seattle ties carry over into the King County courtrooms. Because we've spent two decades defending our clients against drug possession charges, we know how to challenge them. We'll review your case, find the cracks in Washington state's controversial drug laws, and develop a strong defense. Call our Seattle law office now to schedule your free consultation with our drug defense attorneys.

If you are facing a drug possession crime in Seattle, it is most likely based on Violations of the Uniform Controlled Substances Act (VUCSA). Even small quantities of heroin, cocaine, methamphetamines, and others would be considered violations. And while marijuana is technically legal in Washington, large quantities remain illegal. A VUCSA charge will bring the possibility of prison, fines, drug treatment, probation, loss of gun rights, loss of voting rights, and more! If your case includes accusations of intent to deliver, actual delivery, or manufacturing, you will be facing even more serious consequences.

The penalties you face will be dependent on a variety of factors, including:

• The drug allegedly involved and its drug schedule classification
• The quantity of the drug
• Whether the drug was intended to be sold or whether it was for personal usage
• What your felony offender score is
• Whether there was a weapon involved

When facing a drug possession charge, it is extremely important to take the case seriously. Even if you feel like your case is a lost cause, it is still important to have an attorney review your case and attempt to reach a more favorable resolution other than simply pleading guilty. There are many reasons why someone would be drawn to narcotics. It is important for your attorney to learn your story and make sure the state understands the bigger picture when looking at your case.

Give our office a call to discuss your options with an experienced Seattle, WA criminal defense attorney. We'll let you know how we can help you move forward.