Washington’s Drug Possession Law and Defense Options

The Washington State Supreme Court 2021 struck down the state’s criminal prohibition on simple drug possession in State v Blake. Many municipalities now criminalize the knowing possession of controlled substances without a valid prescription, making it crucial for anyone facing drug charges to understand the legal landscape.

If the police have probable cause to believe that you have violated this law, you can be charged.

 

Violations of the Uniform Controlled Substance Act (VUCSA)

Drug charges in Washington are governed by the Uniform Controlled Substance Act, better known as VUCSA. Charges can relate to illegal street drugs. This includes heroin or methamphetamine but also include prescription medications, such as opioids or anabolic steroids. 

VUCSA charges can apply to crimes like possession, distribution, and manufacturing and can include delivery charges even if you’re only sharing with a friend and no money changes hands. 

Adding to the complexity, police are often involved in sting operations.

 

Factors That Affect Drug Charges

Several factors influence the severity of drug charges, including:

 

  • Type and amount of drug: Certain substances carry harsher penalties.
  • Intent to use or sell: Selling drugs leads to more serious consequences.
  • Criminal history: Repeated offenses often result in stricter punishments.
  • Weapon involvement: Having a weapon during an arrest can elevate charges.
  • Age of the accused: Whether the accused is an adult or juvenile impacts sentencing.

 

The difference is that, in some cases, a person may end up in federal court, where the real punishment occurs. 

 

Defense Strategies

Several defense strategies can fight drug charges. Drug charge lawyers will seek out any holes in the prosecution case to argue for fewer or dropped charges. 

Some of these strategies are:

  • Illegal search and seizure: Evidence from an unlawful search can be suppressed.
  • Entrapment: The police forced your hand, which means that this defense could apply to you. 
  • No probable cause: Evidence seized without probable cause for the initial stop or search would be excluded. If the case fails to meet the standards in one of those categories, the judge must dismiss it.
  • Improper search warrant: Flaws in the warrant could invalidate the evidence collected.
  • Unreliable police informants: Informants with questionable credibility can weaken the prosecution’s case.

Alternatives to Jail

Washington provides several alternatives to jail for drug offenders, especially for those on their first offense or who are seeking help. The programs promise treatment and support rather than just punishment: 

 

  • Drug Offender Sentencing Alternative (DOSA): A program for those offenders who need treatment, not jail time.
  • First-Time Offender Waiver: A first offender may enter a waiver, avoid jail, and receive treatment.
  • Diversion Programs: These programs often focus on counseling, rehabilitation, and drug treatment.

 

Penalties for Drug Possession

Possession of a controlled substance is a Class C felony in Washington. Punishments for such convictions include up to five years in jail and fines of up to $10,000, with judges frequently requiring ‘treatment’ as part of the sentencing. 

Cocaine, prescription opioids, MDMA (ecstasy), methamphetamine, heroin, fentanyl, and LSD are the most typical drugs involved in such cases.

 

Snohomish Law Group’s Approach to Drug Cases

If you have a drug possession or drug distribution case in Washington, call the experienced attorney, Philip Wakefield, at The Snohomish Law Group. 

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