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Understanding the drug laws in Washington State can help you make the decisions that may mean the difference between legal compliance and a misdemeanor or even a felony criminal charge.
Many people are under the mistaken impression that just because Washington State has legalized the recreational use of marijuana, this means that laws are more relaxed than in other states. This is not the case. It IS possible to get into a lot of trouble because of drugs – even marijuana.
In an effort to clear up some of the confusion and provide an important resource about drug laws and penalties in Washington State, we present a list of relevant laws.
Here are the important takeaways:
But just as there are harsh penalties for illicit drug manufacturers and dealers, there is also compassion for addicts. Washington state law provides special protections for people who are dependent on or addicted to controlled substances.
DISCLAIMER – This content is presented for general information only. Although every effort has been made to be thorough, this list of Washington State drug laws should NOT be considered comprehensive. Nothing contained here constitutes legal advice, and Northpoint Washington does not support or endorse the illegal use of drugs.
According to the Uniform Controlled Substances Act, the Washington State Legislature defines a “controlled substance” as any “drug, substance, or immediate precursor included in Schedules I through V as set forth in federal or state law”
And here’s the important part – this Scheduling ALSO includes isomers – any substances with the same molecular formula, even if it has a different chemical structure. This means that Washington State also bans so-called “designer drugs” with chemical formulas that have been slightly altered in an attempt to circumvent laws.
What controlled substances can this include?
Schedule I – Substances with no currently-accepted medical use in the United States, that have a lack of accepted uses under medical supervision, and also have a high potential for abuse. Examples:
Washington State specifically classifies well over 100 opiates, opium derivatives, hallucinogenic substances, depressants, and stimulants as Schedule I substances.
Schedule II – Substances that DO have a currently-accepted medical use (even with severe restrictions), that have a high potential for abuse, and that may lead to severe physical or psychological dependence when abused. Examples:
Washington State specifically classifies over 60 opioids, opiates, stimulants, depressants, hallucinogens, and precursors as Schedule II substances.
Schedule III – Substances that DO have a currently-accepted medical use, that have a lower potential for abuse than substances in Schedules I or II, and that may lead to moderate-to-low physical or high psychological dependence when abused. Examples:
Washington State specifically classifies almost 100 stimulants, depressants, hallucinogens, steroids, and narcotic formulations as Schedule III substances.
Schedule IV – Substances that DO have a currently-accepted medical use, that have a lower potential for abuse than substances in Schedule III, and that may lead to limited physical or psychological dependence when abused. Examples:
Washington State specifically classifies nearly 70 stimulants, depressants, stimulants, and other compounds as Schedule IV substances.
Schedule V – Substances that DO have a currently-accepted medical use, that have a lower potential for abuse than substances in Schedule IV, and that may lead to a comparatively-limited physical or psychological dependence when abused.
Typically, these are drugs that have extremely-small amounts of other controlled substances – cough suppressants containing a small percentage of codeine or antidiarrhea substances have trace amounts of opium, for example.
In the state of Washington, VUCSA stands for “Violation of the Uniform Controlled Substance Act”. In other words, it is a drug charge, prosecutable as either a misdemeanor or a felony.
An important consideration in respect to VUCSA charges in Washington State is the fact that it’s not just controlled substances that can lead to arrest and prosecution, but also their analogues – substances that have similar hallucinogenic, depressant, or stimulant effects on the central nervous system.
Title 69, Chapter 50, Section 102
With the exception of paraphernalia for the use of marijuana, possession of drug paraphernalia is a misdemeanor, with a penalty of up to 90 days in jail and/or a $1000 fine.
Prohibited paraphernalia includes:
Because some innocuous items may also be used as drug paraphernalia, Washington state law specifically states that if the suspect has any prior drug convictions, those convictions can be the basis used to determine a new paraphernalia charge.
Title 69, Chapter 50, Section 412
Manufacturing, delivering, or possessing drug paraphernalia while knowing—or reasonably possessing the knowledge—that it will be used to violate the above laws is illegal.
Even advertising the sale of drug paraphernalia in any publication—flyer, handbill, newspaper, magazine, etc.—is illegal in Washington State.
Of special relevance, it is NOT illegal for an adult to possess needles or syringes for the purpose of reducing disease.
Title 69, Chapter 50, Section 4121
Any person who sells or gives drug paraphernalia – or permits these actions – is guilty of a Class I Civil Infraction, which carries a $250 fine. This does not apply paraphernalia used with marijuana.
Title 69, Chapter 50, Section 401
With the exception of legally-compliant marijuana, the manufacture, delivery, or possession with the intent to manufacture or deliver any controlled narcotic substance classified under Schedule I or II, Rohypnol, or amphetamine may be charged with a Class B Felony. Maximum penalties:
Unlawful manufacture or distribution of any other controlled substance can result in a Class C Felony charge, with maximum penalties of:
Title 69, Chapter 50, Section 4011
Creating, delivering, or possessing a counterfeit drug which is a Schedule I or II narcotic, Rohypnol, or methamphetamine can result in a Class B Felony charge. Maximum penalties:
If the counterfeit substance is any other controlled substance, then the charge will be a Class C Felony. Maximum penalties:
Title 69, Chapter 50, Section 416
Any person who knowingly manufacturers, delivers, or possesses with the intent to deliver any controlled substance with false or unauthorized:
It is also unlawful to make, possess, or distribute any device or item that can falsely reproduce the trademark or identifying markings on a controlled substance or its container.
Violations of this section are classified as a Class C Felony, with maximum penalties of:
Title 69, Chapter 50, Section 4012
Anyone who offers, negotiates, or arranges for the gift, sale, delivery, distribution, dispensation, or administration of any controlled substance to another person, but instead substitutes a different substance is guilty of a Class C Felony, with the following maximum penalties:
Title 69, Chapter 50, Section 4013
Possession of any controlled substance that was not obtained via a legitimate prescription or order from an authorized person in the performance of their profession may result in a Class C Felony charge, with the following maximum penalties:
Title 69, Chapter 50, Section 4015
Involving a minor in any transaction that unlawfully manufactures, sells, or delivers a controlled substance is a Class C Felony, with the following maximum penalties:
Title 69, Chapter 50, Section 402
For authorized registrants/practitioners – manufacturers, healthcare providers, pharmacists, etc. – there are several “prohibited acts” that can result in a Class C Felony charge:
Violations carry a maximum penalty of:
Title 69, Chapter 50, Section 403
Under Washington state law, it is unlawful for anyone to intentionally or knowingly:
Importantly, the law states that the information shared with a provider in an attempt to illegally obtain controlled substances is not considered “privileged information” under privacy statutes.
Violations of this law are considered Class C Felonies, with a maximum penalty of:
Title 69, Chapter 69.41, Section 020
Legend drugs are FSA-approved controlled substances that are available only by prescription. 1It is unlawful to obtain a legend drug, procure its administration, or attempt to do either illicitly by:
Violations are punishable as Class B Felonies with maximum penalties of:
Title 69, Chapter 41, Section 030
It is unlawful for any person to possess, deliver, or sell any legend drug without a valid prescription from a licensed healthcare professional in the legitimate performance of their duties.
Violations involving the illicit delivery, sale, or possession of legend drugs with intent to do either is a Class B Felony with the following maximum penalties:
Unlawful possession of a legend drug is a misdemeanor, with maximum penalties of:
Title 69, Chapter 41, Section 040
For a legend drug prescription to be valid and lawful, it must be given for a legitimate medical purpose. For example, a prescription written to a habitual drug abuser not as part of professional treatment is NOT valid.
Violations of this sections are Class B Felonies, with maximum penalties of:
Of special relevance, both the issuing prescriber and any person who is aware—or who SHOULD be aware—that they are filing an unlawful order are in violation of this section.
Title 69, Chapter 13, Section 406
Any adult 18 or over who distributes a Schedule I or II narcotic drug, methamphetamine, or Rohypnol to a minor is guilty of a Class A Felony, with a maximum penalty of:
Of special relevance, even if the sentence is shorter the statute allows for a DOUBLING of the jail term.
When an adult 18 or over distributes any other controlled substance to a minor who is at least three years their junior, they are guilty of a Class B Felony, with maximum penalties of:
Title 69, Chapter 50, Section 407
Attempting or conspiring to commit any controlled-substance-related crime carries penalties up to that of the offense
Title 69, Chapter 50, Section 408
Conviction of a second or subsequent VUCSA offense related to marijuana, narcotics, hallucinogens, stimulants, or depressants —under Washington state law OR any similar United States statute—may face severe penalties:
Title 69, Chapter 50, Section 410
Anyone who sells or profits from any Schedule I controlled substance – or counterfeit substance – can be charged with a Class C Felony
By law, this sentence may not be suspended or deferred.
By law, this sentence may not be suspended or deferred.
By law, this sentence may not be suspended or deferred.
In addition to prison time, anyone convicted of an offense listed in this section will be fined a dollar amount that has been calculated to eliminate ANY AND ALL profits gained by the sale of controlled substances ANYWHERE in the United States.
This maximum fine is $500,000 per count.
Under Washington state law, any person who is addicted to controlled substances and who voluntarily applies to the Department of Social and Health Services for substance abuse treatment is immune from prosecution if their application is made before any indictments have been filed.
Title 69, Chapter 50, Section 413
In addition to any other criminal penalties, any licensed health care professional found guilty of a violation of any part of this chapter shall have their professional license suspended for a term not less than their sentence.
Title 69, Chapter 50, Section 414
Parents and legal guardians of minors who have received a controlled substance –via sale or transfer—shall have grounds to seek compensatory damages from the person who made the sale or transference. This can include:
Health care professionals providing valid controlled substance prescriptions while performing their duties are exempt from this section.
Title 69, Chapter 50, Section 415
If a person uses an unlawfully-delivered controlled substance and subsequently dies, the person who delivered that substance is guilty of “controlled substance homicide”, a Class B Felony carrying the following penalties:
Title 69, Chapter 50, Section 435
In addition to any fines or penalties, anyone convicted of a felony violation of sections 401-4013, 4015, 402, 403, 406, 407, 410, or 415 will be fined another $1000 for their first offense.
For a second or subsequent felony conviction of these sections, the additional fine will be $2000.
Also, it is a violation to do the following involving ANY amount of synthetic cannabinoids:
On top of any other penalties or fines, violators will be subject to an additional fine of no less than $10,000 and no more than $500,000. If the violator sells to a purchaser younger than 18 and is two years or more older than that minor, the minimum fine is $25,000.
Unless the Court determines that the violator is indigent, none of these additional fines can be deferred or suspended.
Title 69, Chapter 50, Section 438
The manufacture, sale, delivery, or possession with the intent to do one of these within 1000 feet of certain locations DOUBLES the maximum penalties, both fine and imprisonment. These locations include:
Title 69, Chapter 50, Section 440
Similar to synthetic cannabinoid violations, it is a violation to do the following involving ANY amount of synthetic cathinone or methcathinone:
On top of any other penalties or fines, violators will be subject to an additional fine of no less than $10,000 and no more than $500,000. If the violator sells to a purchaser younger than 18 and is two years or more older than that minor, the minimum fine is $25,000.
Unless the Court determines that the violator is indigent, none of these additional fines can be deferred or suspended.
Title 69, Chapter 50, Section 440
The possession of the precursor items used to manufacture methamphetamine is considered a Class B Felony, with the following maximum penalties:
Washington state law specifically states that $3000 of the fine may NOT be suspended and must instead deposited with the law enforcement agency that is responsible for the cleanup of the substances, sites, and laboratories used to manufacture methamphetamine.
The precursor substances include:
Marijuana in Public
It is a Class 3 civil infraction to consume any marijuana product or open packages containing such products in public or within the view of the general public. The fine for this infraction is $50.
Under Washington state law, the definition of a “public place” is quite broad and includes:
Title 69, Chapter 50, Section 450
It is unlawful for people without valid marijuana processing permits to butane or any other explosive gases to make or process marijuana:
Violations are classified as Class B Felonies with a maximum penalty of:
Title 69, Chapter 50, Section 465
It is unlawful for any individual or group of individuals to conduct or maintain to conduct or maintain a marijuana club where patrons can store or consume marijuana on the premises—whether for profit or not.
Any violation is classified as a Class C Felony, with the following maximum penalties:
Seizure and Forfeiture of Property
Title 69, Chapter 50, Section 505
Under Washington state law, violators of this chapter are subject to the seizure and forfeiture of certain types of property, including:
Even though marijuana has been legal in Washington State since 2012, there is still a great deal of confusion as to exactly what amounts and actions are permitted or prohibited.
It is important to note that the these listed maximum penalties can include a fine, prison time, or BOTH. Of equal significance is the fact that multiple convictions mean stiffer penalties.
Here is a quick summary:
ADULT POSSESSION (21+):
UNLAWFUL SALE OR DISTRIBUTION:
UNLAWFUL CULTIVATION:
MARIJUANA HASH AND CONCENTRATES:
MISCELLANEOUS MARIJUANA OFFENSES:
Controlled Substances Homicide – Felony, 10 years in prison, $20,000 fine
In the state of Washington, a person can be charged with a DUI if they operate a motor vehicle after using any substance that compromises their ability to do so safely – alcohol, legal or illegal drugs, and even certain prescription medications.
DUI penalties in Washington are serious, even before conviction. For example, the penalty for being CHARGED with a DUI can be a license suspension for a period of up to two years.
Of special relevance, the Washington State Department of Licensing will not change or reduce any disqualification, suspension, or revocation of driving privileges even if the court later changes the DUI charge to another offense – reckless driving, for example.
A first-offense DUI (or the first within the previous seven years), is a misdemeanor charge, carrying the following penalties:
Prior DUI violations increase the length of driving privilege suspensions, jail time, and fine amounts:
If at the time of the offense, there were any passengers under the age of 16, up to $3000 in additional fines may be assessed.
FOUR OR MORE DUI violations within The past 10 Years or a Previous Conviction of Vehicular Assault or Vehicular Homicide while under the influence can result in a felony DUI conviction:
A Washington State DUI conviction is tremendously expensive:
Altogether, a single DUI conviction in Washington state can cost over $11,000.
Drug violations in the state of Washington carry lasting consequences that affect the rest of a person’s life. The best way to protect yourself, your family, your freedom, and your future is to avoid the use of illicit substances and practice responsible habits when using those that are legal.
On the other hand, if you have been arrested for any drug charge – or are at risk of arrest – but you still cannot change your behaviors, then you may have a problem that requires professional help.
Northpoint Washington is a premier inpatient drug detox and rehabilitation program located conveniently in Edmonds, Washington, close to nearby Seattle. If you need assistance for any substance abuse problem, contact Northpoint Washington today.
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