Washington Laws and Programs

Summary of Drug Laws and Penalties

The Revised Code of Washington (RCW) 69.50 lists all controlled substances in Washington State and classifies them according to their own schedule (I to V, with I being the most restricted). Violations of the State Uniform Controlled Substances Act include those crimes associated with trafficking, possession (including unlawful possession of prescription drugs), distribution, distribution to a minor, manufacturing, cultivation, possession of paraphernalia, sale or delivery of counterfeit controlled substances, possession of various drug manufacturing components or precursors, and driving under the influence. Drug crimes are classified as either misdemeanors (simple or gross) or felonies. At present, simple misdemeanors are punishable by up to 90 days in jail and/or a $1,000 fine while gross misdemeanors are punishable by up to one year in jail and/or a $5,000 fine. Class C felonies are usually punishable by up to five years in jail and/or a $10,000 fine, class B felonies by 10 years in prison and/or a $20,000 fine, and class A felonies by life in prison and/or a $50,000 fine.

Convictions for certain crimes may require mandatory minimum sentences, and penalties may be increased if the crime meets certain extra conditions such as: possession of a firearm, presence of a minor, occurrence in a protected zone (e.g., school property), repeat offenses, or commission in a correctional facility. The Washington Minor in Possession Law regards any individual under the age of 21 in possession of alcohol or an illegal drug as committing a gross misdemeanor.

Criminal penalties for possession of any controlled substance/item (excluding the following misdemeanor offenses: less than 40 grams of marijuana, prescription drugs without authorization, and drug paraphernalia) are usually considered class C felonies. Penalties for intent to sell controlled substances are usually considered class C or B felonies. Distribution of schedules I or II narcotics, methamphetamine, or schedule IV flunitrazepam by a person over 18 to a person under 18 is considered a class A felony. Controlled substance homicide is considered a class B felony.

State legislation also exists for forfeiture and seizure of property and possessions in cases of certain drug crimes. In 2010, Washington became one of only two states (with New Mexico being the other) that provide legal immunity from drug possession charges to people who seek medical assistance for themselves or others in drug overdose situations.

Alcohol, Tobacco, and Marijuana

Data from the Washington State Department of Social and Health Services and the biennial state-wide [Page 843]Healthy Youth Survey showed that, in 2008, the most common regulated psychoactive substances used by both adults and youths were alcohol, tobacco, and marijuana. Consequently, laws pertaining to these three substances are outlined in greater detail.

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