Created by FindLaw's team of legal writers and editors | Last reviewed June 28, 2018
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If you have a controlled substance in your car, hand bag, or pocket, you could be charged with possession of drugs. Depending on the situation and the amount, you could face the more severe charge of possession with the intent to distribute, in violation of Washington's drug distribution laws. State law prohibits an individual from engaging in the following actions:
Although Washington legalized marijuana for recreational use, retail sales are restricted to sales to those age 21 and older by Washington-licensed entities regulated by the state.
Like distribution, cultivation of marijuana is restricted despite the drug's legality. Only licensed growers are allowed to cultivate for recreational use. However, home cultivation is permitted for medicinal marijuana under specific circumstances.
Like many states, Washington classifies controlled substances by "schedules." The schedules (based on a federal classification) are determined by their level of danger and the connection between a high risk of addiction; in general, the higher the risk for addiction, the greater the danger level, which means that the charges associated with the more dangerous drugs correlate to more severe penalties.
When analyzing a legal issue, it's essential to know the literal language of the relevant statutes. However, it's also useful to learn about the law by using a quick and easy explanation written in everyday terms. Read the chart below for a brief overview of Washington's drug cultivation and distribution laws.
Statutes |
Washington Revised Code:
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Possible Penalties and Sentencing
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The actual penalties will depend on the specific circumstances of the case (the amount and type of drug involved, and the location) and are determined by the Sentencing Reform Act and state guidelines.
Counterfeit Substances Penalties: Class B felony (incarceration by up to ten years, up to $2,500 in fines)
Class C felony (incarceration by up to five years in prison, up to $10,000 in fines)
Penalty Enhancements:
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Possible Defenses |
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Related Offenses |
Washington Revised Code:
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Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you're accused of breaking Washington's drug distribution laws or cultivation laws, then you're likely to spend some time behind bars if convicted. That's why it's important to use FindLaw's attorney directory to locate an attorney with drug crime experience who can assess the strength of the case against you, challenge evidence, and advocate on your behalf.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Washington attorneys offer free consultations.