Marijuana Possession

Have you recently gotten a charge against you for marijuana possession in Washington state? Maybe you aren’t sure what steps you should take now or who you should talk to. Perhaps you have unanswered questions about the charge and aren’t sure who you can ask.

Marijuana possession is the act of having marijuana in your control, whether it’s in your vehicle or if it is stored in another area that is in your ownership or possession. Washington state has legalized marijuana for recreational and medical use, with laws that are very specific and regulated.

Even though it is legal on the state level, it is still classified under federal law as a Schedule I controlled substance. Because of this conflict, marijuana possession on federal property or attempting to transport it across state lines can result in federal criminal charges.

Also, if you are caught with marijuana and are under 21 years old, you can face penalties, including fines, mandatory community service, and other consequences. This is why it is important to know the boundaries and what it means to be in lawful possession.

While Washington is known for its breathtaking landscapes, rich culture, and vibrant way of life, it has so much more to provide. The Evergreen State offers visitors and residents a great mix of outdoor activities, culinary delights, and other excitements, from the peaks of Mount Rainier to the waterfront locations.

Despite marijuana’s legal status for adults over 21 years old, Washington’s laws around possession, usage, and distribution are still strictly regulated. Understanding these laws is crucial because even one small misstep can lead to serious legal consequences.

You can find Washington state laws about marijuana possession codified under RCW 69.50, also known as the Uniform Controlled Substances Act (21 U.S.C. § 812).

Adults 21 and older can legally possess up to one ounce of marijuana flower, 16 ounces of marijuana-infused edibles, up to seven grams of marijuana concentrate, or 72 ounces of liquid marijuana products. However, if you have any amount over these limits or there is any kind of unlicensed distribution, it can lead to severe legal consequences:

• Possession of more than an ounce but less than 40 grams of marijuana is considered a misdemeanor offense. It is punishable by up to 90 days in jail and a $1,000 fine (RCW 69.50.4014).
• Possession of more than 40 grams is considered a felony in Washington, with penalties including up to five years in prison and a $10,000 fine (RCW 69.50.4013).

Public consumption of marijuana is also prohibited under RCW 69.50.445. This offense is considered a class 3 civil infraction and comes with a $100 fine.

In Washington state, some circumstances can elevate your marijuana possession charges. This can turn what could have been a simple possession charge into a much more severe offense with greater penalties.

For example, marijuana possession within 1,000 feet of a school, park, or daycare can result in more severe penalties under RCW 69.50.435. Marijuana possession, in conjunction with other controlled substances or paraphernalia, can also lead to multiple charges, higher fines, and more jail time.

All of these complexities highlight the importance of understanding both possession limits but also the context and extent to which these marijuana laws are enforced.

The enforcement of these laws varies depending on the circumstances and the location of each offense. Some areas may focus less on minor possession violations as long as they don’t exceed legal limits. However, if you live in a smaller town or more rural area, you may find that law enforcement in these areas takes a much stricter stance.

Beyond simple marijuana possession, activities like driving under the influence of marijuana are also heavily scrutinized. Under RCW 46.61.502, a driver with a THC concentration of 5.00 nanograms per milliliter of blood or higher can face DUI charges.

A conviction like marijuana possession can also have other consequences that go beyond the legal ones you may face. For instance, these charges can impact your ability to secure employment and housing and can even have a negative effect on certain educational opportunities.

Even with its legalization in the state, marijuana-related offenses can carry serious legal consequences. Suppose you find yourself being charged with possession, distribution, or any other marijuana-related crime. In that case, you want to have an experienced criminal defense attorney on your side to help you navigate the process from start to finish.

For example, if you have charges that were the result of an improper search and seizure, they may be contested in court if it is found that the law enforcement officers violated your Fourth Amendment rights. A skilled attorney can challenge intent-based charges like possession with intent to distribute (RCW 69.50.401) by examining the evidence to find inconsistencies or a lack of probable cause.

We firmly believe that every marijuana possession charge can be successfully challenged in some way. Our criminal defense attorneys have been successfully defending drug-related offenses throughout Washington for over 20 years.

If you or a loved one are facing a marijuana possession charge, you should consider speaking with an experienced criminal defense attorney. Our legal professionals are highly experienced and aggressive advocates who will fight to protect your rights, keep you out of jail, and minimize the impact your marijuana possession charges have on your future.

So, what are you waiting for? Don’t try to take on your marijuana possession charges alone. Hire someone who can advocate on your behalf and defend you until the end.

Marijuana is now legal in the state of Washington.

However, you should know that it still remains illegal under federal law, so you probably do not want to carry pot on federal land, like a national park or a federal courthouse. Beyond that, you still have to be careful: there are also state restrictions on the usage of marijuana, which could get you into trouble.

Just like with alcohol, only individuals over the age of 21 are permitted to ingest marijuana and have it in their possession. Possession is limited to one ounce of marijuana. Alternatively, you can have 16 ounces of solid marijuana-infused product, like a brownie or cookie, or 72 ounces of an infused liquid, like oil.  The possessed item must only be for personal use.

There are also restrictions on where you can ingest marijuana. If you are in a location where you cannot smoke cigarettes or cannot drink alcohol, then you will not be able to smoke marijuana there. You are not permitted to smoke in most places, such as bars and restaurants, so you cannot smoke marijuana there. Alternatively, you cannot have open alcohol containers out in public, so you cannot smoke pot out in public. Violations of these rules could potentially get you an infraction as opposed to a criminal charge.

Bottom line, the safest place to enjoy marijuana is in the private confines of someone’s home (and don’t drive afterwards!)

If you've found yourself facing criminal charges related to marijuana, call our office today. Our experienced Washington criminal defense lawyers will help you understand your options and fight to protect your rights.