Drug Possession – Marijuana
Though marijuana laws in Washington state are reasonably by some standards (medical marijuana laws), it is not true that police and prosecutors are easy on marijuana offenders. If you are arrested and charged in possession of marijuana, you will face criminal penalties and prosecution.
Charged with a crime in Washington? Call now. (888) 246-5778.
Because marijuana is considered to have a low risk of dependency, possession charges are slightly less severe than those for narcotics or more seriously addictive drugs. However, it is possible to do jail time for a marijuana possession charge in WA.
If this is your first experience with the Washington criminal courts you are probably apprehensive about your day in court. This is understandable. When facing criminal charges, an experienced defense attorney can be crucial to your legal protection, as well as your peace of mind.
We have handled many marijuana cases in the state of Washington. We know the players in the criminal courts and we want to be on your side.
Please call us for a free legal defense consultation on Washington state marijuana possession charges, and we’ll let you know exactly what we can do to help you fix this problem.
Washington Marijuana Possession – Laws & Penalties
The charges you face for a possession charge depend on the amount of marijuana you are caught with.
| If you are caught with: | Then you face charges of: |
| Less than 40 grams of Marijuana | Misdemeanor: Up to 90 days in jail and fines of $250-500. |
| More than 40 grams of Marijuana | Class C Felony: Up to 5 years in prison and fines of up to $10,000. |
Ref: RCW 69.50.4014
Possession with Intent to Distribute, Distribution, Manufacturing – Laws & Penalties in WA
A more serious offense, possession with intent to distribute marijuana carries more serious penalties.
You can be charged with intent to distribute or sell even with a small quantity. The charge is subjective, and is typically based on packaging, or other circumstances that might suggest an intention to sell marijuana. We can dispute this charge in court, and argue for a reduction to simple possession.
| If you are caught with: | The you face charges of: |
| Less than 40 grams of marijuana | Class C felony: Up to 6 months in prison and fines up to $10,000. |
| More than 40 grams of marijuana | Class C felony: Up to 5 years in prison and fines up to $10,000. |
Ref: RCW 69.50.401
Alternate Marijuana Possession Penalties in Washington
Because marijuana is considered a slightly less serious substance, you may qualify for alternative sentencing. If it appears that a conviction is likely, we may be able to get the court to sentence you to something other than incarceration.
There are drug courts and several related programs in some Washington state counties designed to keep non-violent offenders out of prison. These include:
Probation: The most common alternative to incarceration, probation allows for you to serve your sentence while in the community and under the supervision of a probation officer.
Diversion: Similar to probation in some ways, diversion allows you to complete a term of supervision while in the community. If the term is successfully completed, the charges may be dropped completely.
First Time Offender Waiver: Specifically developed for first time felony offenders, this program allows for you to complete things like community service and drug treatment in lieu of prison time.
Ref: RCW 9.94A.650
Drug Offender Sentencing Alternative (DOSA): This alternative focuses on treatment for offenders that may have a drug problem. After an evaluation deems to qualified to participate, your sentence may include inpatient treatment or a lesser prison sentence paired with intensive treatment both while incarcerated and upon discharge.
Ref: RCW 9.94A.660
Free Legal Defense Consultation on a Washington State Marijuana Possession Charge
There are a wide variety of ways to challenge a marijuana possession charge in Washington. We can challenge:
- Possession: Were you legally in possession of the pot/marijuana? Can they prove it was yours, even if it was in your house or car? Were you wearing someone else’s jacket?
- Illegal Search: The police cannot search you without permission, a warrant, or other specific circumstances. If they violated your constitutional rights, or their own police procedures, the charge again you should be dismissed.
There are also a wide variety of sentencing alternatives possible in many Marijuana offense cases, listed above.
In order to be considered for these alternatives you must fit certain criteria as designated by the Washington criminal courts or drug courts. We can help determine if the court would see you as eligible for these alternatives.
Whatever the facts of your particular case, I know we can help you get the best possible outcome. Please call for a consultation on your marijuana case today.