Washington Drug Cultivation and Distribution Laws

By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024

Washington State drug laws resemble those of most other states. Although both recreational and medical marijuana are legal in Washington, possession, distribution, and cultivation of every other controlled substance is unlawful and can result in severe penalties.

Despite legalization efforts for personal use, possession of a controlled substance for sale or distribution remains a serious offense. Law enforcement efforts focus less on individual use and more on possession of larger quantities for sale or distribution.

Washington Drug Distribution Laws

Washington's Controlled Substances Act mirrors the federal Controlled Substances Act. The law classifies all drugs and medications into schedules. This is done according to their safety, medical uses, and risk of abuse. The amount of a substance determines if a charge is simple possession or intent to distribute.

Schedule I drugs have no medical use and a high risk of abuse. Heroin and LSD are examples of Schedule I drugs.

Schedule II drugs have some medical use despite a high risk of abuse. Morphine, amphetamines (but not methamphetamine), and fentanyl are Schedule II drugs.

Schedule III and Schedule IV drugs are prescription drugs with some risk of dependency. These drugs are legal with a prescription, and licensed pharmacists can sell them.

Schedule V and Schedule VI substances are over-the-counter substances that are sometimes used for abuse, such as inhalants and cough syrup. They can also be precursor chemicals used to manufacture other drugs. Possession of these chemicals can result in criminal charges.

Possession for Manufacture, Sale, or Distribution

Possession of any amount of an illegal drug for sale or distribution is a felony. The level of felony depends on the exact type of the drug.

A Class B felony has penalties of prison terms of up to 10 years and fines of up to $25,000. Drugs carrying this penalty include:

Schedule I or Schedule II narcotic drugs
Rohypnol (flunitrazepam - a Schedule IV drug)
Methamphetamine

Offenders face fines as well. In cases involving toxic materials, law enforcement agencies use the first $3,000 of any fine for clean-up costs.

A Class C felony has penalties of prison terms of up to five years and fines of up to $10,000. These include:

Schedule I and Schedule II non-narcotic drugs
Schedule III and Schedule IV drugs other than flunitrazepam

Washington has separate charges for:

Creating, delivering, or possessing a counterfeit controlled substance. It is not a defense to claim the substance you manufactured was only fake methamphetamine.
Delivery of a substance other than a controlled substance. Unless instructed by a licensed pharmacist, it is illegal to negotiate to deliver one substance and provide another. It is not a criminal defense to claim you promised to give an illicit drug but delivered a lawful drug.
Involving a minor in an unlawful controlled substance transaction.

Sale and Distribution of Marijuana

The state of Washington legalized the personal use of cannabis and marijuana products in 2012. The personal-use amount in Washington is one ounce or less. Possession of less than 40 grams is a misdemeanor. The law encourages prosecutors to consider diversion or other treatment plans rather than criminal penalties.

Medical marijuana patients with an authorization form can grow up to four plants for home use. Marijuana laws do not allow cultivation by anyone other than state-licensed growers. Retail sales are limited to those with state licenses.

Drug paraphernalia includes any devices used to manufacture or package drugs for sale. Possession of any item for planting, growing, or preparing products other than marijuana is a misdemeanor. Possession of sterile hypodermic needles and syringes to avoid transmission of blood-borne diseases is legal.

Federal Drug Trafficking

All illicit drugs, including marijuana, are illegal under federal law. Rather than state laws, federal laws often prosecute drug trafficking. Trafficking is defined as transporting drugs from one state to another. Trafficking involves the U.S. Drug Enforcement Agency (DEA) and other government agencies.

Note: Washington state laws are subject to change through the passage of new legislation, court rulings that include federal decisions, ballot initiatives, and other means. FindLaw strives to provide the most current information available. To confirm current laws, speak with a Washington criminal defense attorney.