By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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Drug laws in Washington state have changed to reflect the concerns of the people. These changes caused confusion and some alarm among cities and law enforcement in Washington. The passage of the "Blake fix" corrected ambiguities in the Revised Washington Codes. The fix addressed the charges and penalties for possession of a controlled substance.
The new law made it a gross misdemeanor to knowingly possess any controlled substance without a prescription. This does not apply to possession of marijuana, which is legal in Washington. This article provides an examination of Washington's drug possession laws.
In 2021, the Washington State Supreme Court ruled the state's strict liability drug possession law unconstitutional. The original law made unknowing, unintentional possession of controlled substances a felony.
The State Supreme Court held that the law did not provide defendants with any way to avoid breaking the law. The court referred to this as "nonconduct." The court ruled this was unconstitutional and instructed the Washington legislature to rewrite the laws.
An interim law was enacted, but the legislature did not pass a new statute before the regular legislative session was due to expire in July 2023. A special session passed the current rule, SB 5536, in May 2023.
SB 5536 replaced the misdemeanor charge and diversion program recommendation. The interim law created issues because prosecutors were encouraged to refer individual cases for treatment or services but provided no other guidance.
The law now makes it a gross misdemeanor to:
The defendant may face criminal penalties of:
The statute encourages law enforcement to offer pretrial diversion to available treatment programs for defendants. These offers focus on non-violent offenders.
Washington's Controlled Substances Act mirrors the federal Controlled Substances Act. Drugs and medications are categorized under schedules. This is done according to their medical use and risk of abuse. Under the new statute, knowing possession of any controlled substance on any schedule is now a misdemeanor.
Schedule I drugs are those with no approved medical use and a high risk of abuse. Heroin and LSD are Schedule I drugs. Schedule II drugs have a high risk of abuse but have approved medical uses. Morphine, fentanyl, and amphetamines (but not methamphetamine) are Schedule II drugs. Schedule III and Schedule IV drugs are prescription tranquilizers and painkillers like Valium and Oxycodone.
Possession with intent to sell or distribute any controlled substance is a Class C felony. The amount of a substance is a factor in charging a defendant with possession for sale or distribution.
Washington was one of the first states to decriminalize the personal use of marijuana. As of 2024, legal possession limits are set at:
Possession of the above is not a violation of any law in Washington state. Possession of up to 40 grams (1.4 oz.) is a misdemeanor. Only licensed retailers can sell cannabis or marijuana products. Sales or transfers must take place outside the view of the public in a non-public place. No individual under the age of 21 may knowingly possess, sell, or distribute marijuana.
The new law gave the state of Washington preemption over all other drug paraphernalia laws and regulations within the state. Cities and counties may only enact laws necessary for harm reduction, such as needle collection.
Drug paraphernalia can include any item or object used to plant, manufacture, compound, or ingest any controlled substance. The statute excludes any item used for cannabis production or ingestion. Items found in connection with controlled substances become paraphernalia by default. A bathroom mirror becomes paraphernalia if used for cocaine preparation.
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. Confirm Washington laws by speaking with a Washington criminal defense attorney.
Washington's drug possession laws can change often. When you're facing criminal charges for drug possession or the use of drugs, you need legal advice. An experienced Washington criminal defense attorney can examine your case, explain your options, and help you achieve the best possible outcome.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Washington attorneys offer free consultations.
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