Successfully defending against Washington State drug charges requires an in-depth understanding of the Violation of Uniform Controlled Substances Act, which identifies a broad range of drug-related offenses. These types of drug charges cover various controlled substances and activities that fall into one of three categories: possession, distribution, or manufacturing.

Understanding Different Types of Drug Charges

Washington drug crimes can be charged as felonies or misdemeanors, depending on the type and quantity of controlled substances and the specific activity an individual engaged in.

Drug Classification Schedules

Similar to the federal Controlled Substances Act, Washington State classifies drugs, or “controlled substances,” into five categories based on their likelihood of abuse and whether the drug has an accepted medical use.

• Schedule I Substances have no accepted medical use, are unsafe, and hold a high potential for abuse. Examples include Heroin, LSD, marijuana, peyote, and ecstasy.
• Schedule II Substances are narcotics and stimulants that have a high potential for abuse and cause severe psychological or physical dependence. Examples include Dilaudid, methadone, Demerol, OxyContin, Percocet, morphine, opium, codeine, amphetamine (Dexedrine, Adderall), and methamphetamine.
• Schedule III Substances have less potential for abuse but can still lead to moderate or low physical dependence and high psychological dependence. Examples include Vicodin, Tylenol/Codeine, Suboxone, ketamine, and anabolic steroids.
• Schedule IV Substances have a lower potential for abuse than Schedule III drugs. Examples include Xanax, Soma, Klonopin, Valium, Ativan, Versed, Restoril, and Halcion.
• Schedule V Substances contain limited quantities of narcotics, such as cough syrups containing codeine.

Prohibited Activities

The Violation of Uniform Controlled Substances Act and other Washington State laws prohibit a variety of drug-related activities. Common criminal charges include :

Manufacture, Delivery, or Possession with Intent to Deliver Controlled Substances

RCW 69.50.401 makes it illegal to manufacture, deliver, or possess with intent to manufacture or deliver a controlled substance.

Possession or Use of Drug Paraphernalia

Under RCW 69.50.412 it is illegal to deliver, possess with intent to deliver, or manufacture drug paraphernalia knowing it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, or prepare a controlled substance other than cannabis.

Driving Under the Influence of Drugs

RCW 46.61.502 makes it illegal to operate a motor vehicle under the influence of intoxicating liquor, cannabis, or any drug.

Penalties for a Drug Crime Conviction in Washington State

Penalties for a drug crime conviction in Washington State vary depending on the type and amount of controlled substance involved and the nature of the alleged criminal activity.

• Possession of controlled substances is generally treated as a modified gross misdemeanor for first-time offenders and is punishable by up to 180 days in jail and a $1,000 fine. Subsequent offenses can be elevated to gross misdemeanors, punishable by up to 364 days in jail and a $5,000 fine.
• Possession with intent to manufacture or deliver is a felony charge that can result in several years in prison and substantial fines.
• Delivery of a controlled substance is an extremely serious charge that falls under the same sentencing structure as possession with intent. However, delivery charges typically involve allegations that can trigger a sentence above the standard sentencing range.
• Manufacture or delivery of controlled substances is also a felony that can carry a punishment of several decades in prison.
• Driving under the influence of drugs is a gross misdemeanor that generally results in jail time, fines, and a driver’s license suspension. Depending on the circumstances, a drug DUI can rise to the class B felony level.

Washington law also provides criminal enhancements for drug offenses that occur near schools or other designated areas. Firearm enhancements are also applicable to drug offenses.

Defenses to Drug Crime Charges in Washington State

Washington drug crimes are serious criminal offenses that require an aggressive legal defense. Common drug crime defense strategies include:

• Unlawful search and seizure. The Fourth Amendment protects against unlawful search and seizure. If the government violated your rights by conducting an unlawful search, the evidence could be excluded through a well-crafted Motion to Suppress.
• The drugs are not yours. Criminal defendants often claim the drugs are not theirs. This defense is particularly effective if they were found in a shared space, such as if other people were in the vehicle when you were pulled over or the drugs were found in a common area shared with roommates.
• Lack of knowledge. You acknowledge the drugs were in your possession but claim you did not know or reasonably know they were drugs or that you were carrying them. This defense is particularly effective if you were carrying someone else’s bag or driving someone else’s vehicle.
• Problems with the crime lab analysis. Prosecutors must prove the substance in your possession was actually a controlled substance. Errors or discrepancies in the crime lab analysis can lead to a reduction in charges or dismissal of the case.
• Challenging the chain of custody. The prosecutor must prove that the substance presented at trial is the same one that was taken from you at the scene of the alleged crime. Improper handling or record maintenance presents an opportunity to challenge the chain of custody.

Are Alternative Sentences Available for First-Time Drug Charges?

Depending on the circumstances, alternative sentences may be available for first-time drug offenders.

Washington State has specialized drug courts that emphasize treatment and rehabilitation as opposed to punishment. Individuals who participate in drug court have access to counseling, support, and treatment that is specific to their unique needs.

An individual who acknowledges a drug issue and actively seeks treatment, particularly for less severe offenses, may be eligible for various alternative sentencing options.

How the Campbell Law Firm Can Help

If you or someone you care about was charged with a drug crime in Skagit County, Island County, or San Juan County, you need experienced legal representation. Justin Campbell is a seasoned trial attorney with over a decade of experience defending people charged with drug crimes in Washington State.

Contact the Campbell Law Firm Today

Contact the Campbell Law Firm by calling (360) 588-4111 or emailing info@lawjrc.com today to schedule a free and confidential appointment to discuss your situation and how we can assist you.