Washington Attorneys
 Washington's Marijuana Laws

	Name:	Steve Rosen
	City:	Seattle
	Phone:	1-800-CANNABIS (1-800-226-6224) or (206) 333-3633
	Name:	William Hines
	City:	Seattle
	Phone:	1-800-CANNABIS (1-800-226-6224) or (206) 333-3633
	Name:	Andrea Robertson
	City:	Seattle
	Phone:	1-800-CANNABIS (1-800-226-6224) or (206) 333-3633

Washington's Marijuana Laws

It is illegal in Washington State to possess any Marijuana.  This offense is called a VUCSA (Violation of the Uniform Controlled Substances Act).  If you possess less than 40 grams of marijuana, and you are not distributing any, you can only be charged with a Simple Misdemeanor.  A misdemeanor charge of possession of 40 grams or less of marijuana is punishable by a maximum of 90 days in jail and a $1000.00 fine.  The minimum penalty for possession of 40 grams or less of marijuana is 1 day in jail and a fine of $250.00.  A second offense raises the minimum fine to $500.00.  However, an experienced VUCSA drug defense attorney may be able to get the minimum jail sentence converted to community service pursuant to RCW 69.50.425.

Many people who are arrested for possession of less than 40 grams of marijuana are also charged with Unlawful Possession of Drug Paraphernalia.  This crime is a simple misdemeanor, punishable by a maximum of 90 days in jail and a $1000.00 fine.  The minimum penalty for Unlawful Possession of Drug Paraphernalia is 1 day in jail and a fine of $250.00.  A second offense raises the minimum fine to $500.00.  However, just like the crime of possession of less than 40 grams of marijuana, an experienced VUCSA marijuana defense attorney may be able to get the minimum jail sentence converted to community service pursuant to RCW 69.50.425.

Possession of more than 40 grams of marijuana is punishable as a class C felony.  This offense is also called a VUCSA.  The maximum penalty for this offense is 5 years in prison and a $10,000.00 fine.  Similarly, cultivation or possession with intent to deliver marijuana is a class C VUCSA with a maximum penalty of 5 years in prison and a $10,000.00 fine.  Although both crimes are VUCSA class C felonies, they count very differently under Washington's Sentencing Guidelines.  For example, someone convicted of a first offense VUCSA possession of 60 grams of marijuana within 1000 feet of a school bus stop or a park may not face more than 6 months in jail.  However, someone convicted of a first offense VUCSA delivery of marijuana within 1000 feet of a school bus stop or a park will likely face more than 2 years in prison.  Since almost every location in Washington's major cities are within 1000 feet of a school bus stop, there is likely to be quite a difference in sentencing for possession offenses as opposed to delivery and manufacturing VUCSA offense.  If you find yourself charged with a marijuana VUCSA offense, please call one of our experienced VUCSA marijuana defense lawyers.  A qualified drug defense lawyer will be able to protect your rights and negotiate your case with the required knowledge of Washington's complicated VUCSA laws.

Washington's laws and court systems may offer a criminal defendant accused of a VUCSA crime to avoid jail time through the use of a drug diversion court.  The program targets non-violent drug offenders whose VUCSA charges stem primarily from addiction. If a defendant is given an opportunity to “opt-in” to a drug court in Washington, he or she is obligated to participate in a substantial drug treatment program, often fully funded by the drug court program. Frequent urinalysis tests and probation meetings are required, and status hearings with the drug court judge are important. The focus of the court proceedings are much more supportive, encouraging, and directive than a standard criminal court proceeding. Some drug courts require participants to pay court fees, keep up with child support, and maintain approved housing. If the defendant keeps up with all court-ordered obligations and treatment requirements, the charge is dismissed. However, if the defendant fails to keep any of his or her obligations to the court, then the defendant could end up summarily convicted and sentenced on the original charge.  Consulting with a qualified drug defense lawyer may help an accused to avoid very large pitfalls that may be present during the decision on whether to enter a VUCSA drug court program and during the course of a VUCSA drug court case.

Medical Marijuana, aka Medicinal Use of Marijuana - Use of marijuana can be justified under state law in Washington in some medically-related circumstances.  In 1998, an initiative was enacted by Washington voters, which allows doctors to legally recommend medical marijuana to patients with certain medical conditions. The law allows for possession of a “60-day” supply of medical marijuana, if that is based on a doctor’s written recommendation. But there has been no definition of a “60 day” supply of medical marijuana.  If you need to get a medical marijuana certificate, or you need a care-giver's certificate, you should consult with an experienced marijuana defense attorney to make sure the risks of prosecution are minimized as much as possible.  Additionally, if you have a medical marijuana certificate but have been charged with a VUCSA marijuana crime, an experienced VUCSA marijuana drug defense lawyer can help convince a judge and jury that what you possessed was a 60 day supply.  Often, a qualified drug defense lawyer will enlist the help of expert witnesses to prove that a supply was only a 60 day supply.