Defending Against Drug Possession Charges in Seattle
Contents
Defending Against Drug Possession Charges in Seattle
Getting charged with drug possession can be scary. But there are ways to defend yourself and fight the charges. This article will explain the laws, penalties, and defenses for drug possession in Seattle so you can make the best choices if you end up in this situation.
Drug Possession Laws in Washington
In Washington, the main drug possession law is the Uniform Controlled Substances Act (RCW 69.50). This law categorizes drugs into 5 schedules based on their potential for abuse and medical use. The higher the schedule, the more strictly controlled the drug is:
- Schedule I – High potential for abuse, no accepted medical use (heroin, LSD)
- Schedule II – High potential for abuse, some accepted medical use with restrictions (cocaine, methamphetamine)
- Schedule III – Potential for abuse, accepted medical use with restrictions (anabolic steroids, codeine)
- Schedule IV – Low potential for abuse, accepted medical use (Xanax, Valium)
- Schedule V – Low potential for abuse, contains limited quantities of certain drugs (Robitussin AC, Lomotil)
It’s illegal in Washington to possess, manufacture, deliver, or possess with intent to manufacture or deliver any controlled substance unless authorized by law. Penalties vary based on the schedule of the drug, the amount possessed, and your criminal history. Let’s break it down:
Possession of Any Amount
- Schedule I or II – Gross misdemeanor, up to 1 year in jail and/or $5,000 fine
- Schedule III-V – Misdemeanor, up to 90 days in jail and/or $1,000 fine
Possession of Large Amounts
Possessing larger amounts can lead to felony charges:
- Schedule I or II – Class B felony, up to 10 years in prison and/or $25,000 fine
- Schedule III-V – Class C felony, up to 5 years in prison and/or $10,000 fine
Amounts that qualify as “large” differ by drug. For example, possessing over 2 grams of meth is a felony while over 40 grams of Valium is a felony.
Prior Offenses
If you have prior drug convictions, penalties for subsequent offenses are harsher. A second misdemeanor possession becomes a gross misdemeanor. A second felony possession becomes a Class B felony with 3-9 months added to the standard range. Be aware that juvenile drug convictions also count as priors.
Common Defenses Against Possession Charges
There are several ways to challenge a drug possession charge. Here are some of the most common defenses:
Lack of Knowledge
If you can show you didn’t know the drugs were present, you may be able to beat the charges. For example, if someone left drugs in your car without your knowledge. The prosecution must prove you knowingly possessed the drugs.
No Intent to Use
If you possessed drugs but can show you had no intent to use them yourself, you may avoid conviction. This works best if you can explain another non-illegal reason for having them. For example, you found drugs and were turning them into police.
Illegal Search
If police performed an illegal search to find the drugs, the evidence may be excluded. For example, if they searched your car without permission or probable cause. An experienced lawyer can argue to suppress evidence from illegal searches.
Invalid Testing
Lab tests that identify illegal drugs can be challenged. If testing was flawed or contamination occurred, you may be able to undermine the prosecution’s proof that the substance was illegal.
It’s legal to possess drugs prescribed by a doctor or with a medical marijuana authorization. But you must closely follow all regulations. Any deviation can still lead to charges.
Finding the Right Lawyer
Fighting drug charges takes experience. Look for a Seattle criminal defense lawyer with specific expertise handling drug cases. Ask about their success record dismissing charges or getting reduced penalties. Meet with multiple lawyers before choosing one you trust.
A good drug possession lawyer will:
- Thoroughly examine the details of your case
- Identify any police errors or constitutional violations
- Develop an aggressive defense strategy tailored to your situation
- Negotiate firmly with prosecutors to get charges dropped or minimized
- Take your case to trial if a deal can’t be reached
Don’t take chances with your future. The costs of a drug conviction can follow you for life. Hire a seasoned Seattle drug crimes attorney to give yourself the best shot at beating the charges.
References
Defense strategies against drug possession charges in Seattle:
- https://www.halelawenterprises.com/criminal-defense/drug-crimes/drug-possession/
- https://www.vucsadrugs.com
- https://www.seattlecriminaldefenselawfirm.com/service/drug-crimes/drug-possession
Information on drug trafficking charges and penalties:
Overview of drug crimes defense in Washington State:
Laws regarding drug possession in Washington: