Washington Cocaine Laws

Washington State updated its controlled substances laws to treat casual drug use and simple possession with less harshness than for possession for sale or distribution. The new law, known as the “Blake fix,” corrected an error in the state’s strict liability drug possession law. The current law went into effect in May of 2023. It applies to all controlled substances, including cocaine.

The Washington State Supreme Court held that the original statute made unknowing possession of a controlled substance a felony. The law did not require proof of knowledge or intent to convict. In State v. Blake, the State Supreme Court found this was unconstitutional and ordered the Washington legislature to correct the statute. A special session passed SB 5536 in May 2023.

Washington Cocaine Laws

Washington’s controlled substances laws mirror the federal drug scheduling laws. The law classifies drugs according to their medical use, risk of addiction, and safety. Cocaine is a Schedule II drug because it has some medical uses despite its high risk of abuse. By comparison, heroin is a Schedule I drug since it has no medical use.

Under the new laws, simple possession of cocaine for personal use is a gross misdemeanor. Prosecutors and law enforcement are encouraged to divert cases to treatment programs if available. Knowing possession or use of cocaine in a public place may result in criminal penalties of:

• First offense: up to 180 days in jail and a fine of up to $1,000
• Subsequent offenses: up to 364 days in jail and a fine of up to $1,000

Possession With Intent to Sell or Distribute

The changes to Washington’s Controlled Substances Act did not affect possession for distribution or sale. Possession of cocaine for sale remains a Class C felony. A Class C felony is punishable with a prison term of up to five years for a first offense.

Drug Paraphernalia

The law changed how Washington handles drug paraphernalia charges. The new state law takes precedence over local ordinances. Possession of all drug paraphernalia, including anything used to ingest or manufacture cocaine, is a civil infraction punishable by a fine.

Trafficking

Trafficking is defined as selling or manufacturing large quantities of a controlled substance or moving it across state or international borders. Narcotic drugs and methamphetamines are Class B felonies with penalties of more than 10 years in prison for manufacture and sale.

Washington Cocaine Laws: Related Resources

• Drug Possession Overview
• Drug Trafficking / Distribution
• State Cocaine Laws
• Washington Drug Schedules
• Washington Substance Use Treatment Programs

Get Legal Advice From a Washington Criminal Defense Attorney

If you’re a first-time offender, you may qualify for a diversion program through Washington’s drug courts. Speak with a Washington drug crime lawyer who knows the current status of state cocaine laws. They'll examine your case, explain your options, and stand with you in court.