Washington Marijuana Laws
A Detailed Review of the Washington Marijuana Laws: Criminal
CLICK HERE for Washington Medical Marijuana Laws |
Under the current state law, unless you currently hold a permit issued by the State of Washington authorizing you to use marijuana for medicinal purposes - your use of marijuana within Washington State will most likely be looked upon as criminal activity.
Since the medical use of marijuana, even without a permit, occurs on a regular basis in ALL 50 US STATES (and US Territories), it is beneficial to know ALL of the criminal laws surrounding the use of marijuana for YOUR particular state.
Let's begin with an overview of the Washington laws (criminal) and penalties as they relate to the use, transport, manufacture and sale of marijuana and marijuana paraphernalia.
| Washington Marijuana Laws: Criminal | |||
Crime |
Classification |
Jail Time |
Fine |
Possession: |
|||
Misdemeanor |
1-90 days jail
|
$250-500
|
|
Class C Felony |
Max of 10 Years |
$10,000 |
|
Growing and Selling: |
|||
40 grams or less
|
Class C Felony |
Up to 6 months jail |
$10,000 |
Class C Felony |
Max of 5 Years |
$10,000 |
|
Other: |
|||
Misdemeanor |
90 Days |
$1,000 |
|
Depends on Prior |
Double the penalty |
Fine Doubled |
|
| RCW 69.50.408 | |||
Class B Felony |
Double the penalty |
Fine Doubled |
|
In order to gain a better understanding of what exactly is meant by the term 'marijuana' - here is the State of Washington marijuana law's definition of 'marijuana' taken directly from the RCW (Revised Code of Washington), Chapter 69.50, Uniform Controlled Substances Act:
"'Marijuana' or 'marihuana' means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination."
The Codes discussed below, relate to all of the Criminal Washington Marijuana Laws shown above
Washington Marijuana Laws
Washington Marijuana Laws RCW 69.50.4014
Except as otherwise provided in RCW 69.50.401(2)(c), anyone found guilty of possessing 40 grams or less of marihuana is guilty of a misdemeanor.
Washington Marijuana Laws RCW 69.50.4013
(1) It is illegal for anyone to possess a controlled substance unless obtained as a result of a valid prescription or recommendation of a physician, except as otherwise provided in this chapter.
(2) Other than as provided in RCW 69.50.4014, anyone in violation of this section is guilty of a class C felony.
(2) Except as provided in RCW 69.50.4014, any person who violates this section is guilty of a class C felony punishable under chapter 9A.20 RCW.
Except as otherwise provided in this chapter, it is illegal to possess, manufacture or deliver a controlled substance (marijuana).
Anyone who violates this law is guilty of a class C felony punishable according to 9A.20 RCW.
(2) Any person who violates this section with respect to:
(a) A controlled substance classified in Schedule I or II which is a narcotic drug or flunitrazepam, including its salts, isomers, and salts of isomers, classified in Schedule IV, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine;
(b) Amphetamine, including its salts, isomers, and salts of isomers, or methamphetamine, including its salts, isomers, and salts of isomers, is guilty of a class B felony and upon conviction may be imprisoned for not more than ten years, or (i) fined not more than twenty-five thousand dollars if the crime involved less than two kilograms of the drug, or both such imprisonment and fine; or (ii) if the crime involved two or more kilograms of the drug, then fined not more than one hundred thousand dollars for the first two kilograms and not more than fifty dollars for each gram in excess of two kilograms, or both such imprisonment and fine. Three thousand dollars of the fine may not be suspended. As collected, the first three thousand dollars of the fine must be deposited with the law enforcement agency having responsibility for cleanup of laboratories, sites, or substances used in the manufacture of the methamphetamine, including its salts, isomers, and salts of isomers. The fine moneys deposited with that law enforcement agency must be used for such clean-up cost;
(c) Any other controlled substance classified in Schedule I, II, or III, is guilty of a class C felony punishable according to chapter 9A.20 RCW;
(d) A substance classified in Schedule IV, except flunitrazepam, including its salts, isomers, and salts of isomers, is guilty of a class C felony punishable according to chapter 9A.20 RCW; or
(e) A substance classified in Schedule V, is guilty of a class C felony punishable according to chapter 9A.20 RCW.
(1) It is illegal for any person use drug paraphernalia to inhale, ingest, conceal, contain, store, repack, analyze, test, prepare, produce, process, compound, convert, manufacture, harvest, grow, cultivate, propagate, plant, or induce into the human body a controlled substance. Anyone who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for anyone to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia when said person knows or should know that it will be used for one of the above mentioned activities.
(3) Anyone over 18 who delivers drug paraphernalia to someone who is 18 and at least three years his/her junior is guilty of a gross misdemeanor.
(4) It is illegal to advertise in order to sell drug paraphernalia.
(5) It is lawful for anyone over 18 to possess sterile hypodermic syringes and needles in order to reduce blood borne diseases.
Washington marijuana laws - RCW 69.50.412
(1) It is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.
(2) It is unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance. Any person who violates this subsection is guilty of a misdemeanor.
(3) Any person eighteen years of age or over who violates subsection (2) of this section by delivering drug paraphernalia to a person under eighteen years of age who is at least three years his junior is guilty of a gross misdemeanor.
(4) It is unlawful for any person to place in any newspaper, magazine, handbill, or other publication any advertisement, knowing, or under circumstances where one reasonably should know, that the purpose of the advertisement, in whole or in part, is to promote the sale of objects designed or intended for use as drug paraphernalia. Any person who violates this subsection is guilty of a misdemeanor.
(5) It is lawful for any person over the age of eighteen to possess sterile hypodermic syringes and needles for the purpose of reducing blood borne diseases.
(1) Anyone convicted of a second or subsequent offense pursuant to this chapter may be incarcerated for up to double the originally authorized term and fined an amount up to double the initial fine.
(2) For purposes of this section, an offense is considered 'second' or subsequent', if, prior to his/her conviction, the offender has previously been convicted under this chapter or any statute of the United States or any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.
Washington marijuana laws - RCW 69.50.408
(1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.
(3) This section does not apply to offenses under RCW 69.50.4013.
Washington Marijuana Laws RCW 69.50.406
(2) If you are over 18 and sell marijuana to a minor who is three years younger than you, you are guilty of a class B felony and any penalty from the sale charge may be doubled.
Washington marijuana laws - RCW 69.50.406 Code
(1) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(2) For purposes of this section, an offense is considered a second or subsequent offense, if, prior to his or her conviction of the offense, the offender has at any time been convicted under this chapter or under any statute of the United States or of any state relating to narcotic drugs, marihuana, depressant, stimulant, or hallucinogenic drugs.
(3) This section does not apply to offenses under RCW 69.50.4013.
Some Things to be Aware of:
1) Washington is a 'mandatory minimum' state. When someone has been convicted of a crime punishable by a mandatory minimum sentence, the judge MUST hand down a sentence no less than the mandated minimum. A judge will be able to sentence a defendant to a term greater than the mandated minimum, however, the law does not allow him to sentence someone to a lesser term. Someone serving a mandatory minimum sentence for a federal offense and most state offenses is not eligible for parole. It is obscure laws such as these that allow a non-licensed Washington marijuana user to end up sentenced to life in prison - without the possibility of parole. Even the smallest charge for possession of marijuana means that you must spend 24 hours in jail and pay a minimum of $250 in fines.
2) Washington laws allowing medical use and possession have recently been enacted. Please click here for information on the Washington Medical Marijuana Act.
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