Drug Abuse Prevention and Control: Washington State Drug Crimes

The Uniform Controlled Substances Act, (“UCSA”), sets out the crimes and related punishments for offenses involving drugs and controlled substances in Washington state. The UCSA is modeled after the federal Drug Abuse Prevention and Control Act and Controlled Substances Act.

Like the federal acts, the UCSA has five schedules of controlled drugs, which are determined by the Washington Board of Pharmacy. Schedule I includes substances that have a high potential for abuse and have no currently accepted medical use, such as LSD, Marijuana, and Ecstasy. Schedule II includes substances considered to have a high potential for abuse and which may lead to severe psychological or physical dependence. Some examples controlled substances in this schedule include morphine and opium. Schedule III drugs are deemed to have moderate or low risk of physical/psychological dependence, such as Vicodin and anabolic steroids. Schedule IV drugs have a lower risk of abuse relative to the substances listed in Schedule III, and include drugs like Darvon, a mild pain killer, and Xanax, used for anxiety. Finally, Schedule V substances have a low potential for abuse than those substances noted in Schedule IV.

The UCSA makes it illegal to manufacture, deliver, traffic or possess with intent to deliver, any of the drugs found in Schedules I or II. This crime is punishable as a Class B or C misdemeanor, with prison terms ranging from 5 to 10 years and includes fines up to $ 25,000.

The USCA also makes it a crime to cultivate or possess the materials used in the production of drugs. This crime is usually charged with the crime of manufacturing or delivering drugs, as the drugs must be cultivated before they can be manufactured or delivered. This offense is punishable as a misdemeanor, with a sentence of up to one year and no less than 24 hours in jail.

The UCSA further makes it a Class C felony to possess any controlled drug. The prison term for possession can range up to 5 years. However, the UCSA makes a special exception to certain marijuana related crimes. Specifically, possession of less than 40 grams of marijuana is considered a misdemeanor and the punishment is a year to 24 hours in a county or city jail.

Finally, many state and city courts have instituted alternative drug sentencing programs, given the prevalence of drug crimes in our society and in recognition of the fact that most drug crimes are related to drug addiction and chemical dependency. The specifics for each program depend on the county or city but may include, community service, outpatient treatment, counseling, and periodic drug testing. Not all defendants qualify for alternative sentencing. Generally, a defendant cannot be charged with a violent crime or DUI in connection with the drug charge, the defendant cannot have a prior drug or violent/sex crime conviction, and the defendant cannot be subject to deportation. Additionally there may be other limits that are dependent upon the specifics of the case.

Because of the serious and lasting consequences of a criminal drug conviction, a person charged with a drug offense should consult a Washington criminal lawyer to review the case.

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