David Bowman
New Member
Penalty Details
Marijuana is a Schedule I hallucinogenic substance under the Washington Uniform Controlled Substances Act.
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The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. The public consumption of marijuana is subject to a civil violation and fine.
Possession of one ounce to 40 grams is a misdemeanor, punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it "will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition." The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent.
Possession of more than 40 grams is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory $1,000 fine applies to first time offenses and a $2,000 fine to second or subsequent offenses.
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Possession with intent to distribute any amount of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. There is an additional mandatory fine of $1,000 for the first offense and $2,000 for a second or subsequent offense.
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Sale or distribution of any amount of marijuana is a C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 fine to second or subsequent offenses.
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Cultivation for either personal use or distribution is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
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Washington's definition of marijuana includes "all parts of the plant Cannabis," including "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." Under this definition hashish or concentrates, which are compounds made from the resin of the plant, would be considered marijuana.
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Use, possession, delivery (no compensation required), or possession/manufacture with intent to deliver of paraphernalia is a misdemeanor punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it "will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition." The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent. Delivery or possession/manufacture with intent to deliver to a person under the age of 18 committed by a person aged 18 years or older who is 3 years his senior is a gross misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $5,000.
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Drug offenses are sentenced according to drug offense seriousness level and a drug offense sentencing grid.
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Criminal
Vehicles and other property may be seized for violations of the Washington Uniform Controlled Substances Act if certain conditions are met. A seizure of property commences a forfeiture proceeding in which the law enforcement agency must give notice to the owner and others with an interest in the property within 15 days. After notice has been served, those with an interest in the property have 45 days in the case of personal property and 90 days in the case of real property to respond, or else the items will be deemed forfeited.
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Private or state actors may file an action for damages and forfeiture of property involved in delivery, cultivation, or possession with intent to deliver or cultivate marijuana.
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Involving a person under the age of 18 in a drug offense
Involving a person under the age of 18 (compensating, soliciting, or threatening) in a transaction to cultivate, sell, or deliver marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
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It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000 to knowingly maintain a structure (including homes and vehicles) that is resorted to by persons using controlled substances in violation of the law for that purpose, or which is used to sell or store substances. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
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Parents or legal guardians of a minor to whom a controlled substance was sold or transferred have a cause of action against the person who sold or transferred the substances. Damages may include costs of rehabilitation services for the minor, forfeiture of any money made in the transaction, and attorney's fees.
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A person who delivers a controlled substance, which is subsequently used by the person delivered to and results in their death, is guilty of a class B felony punishable by up to 10 years imprisonment and/or a fine up to $20,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
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Juveniles (age 13-21) will have their driving privileges revoked for any offense under this statute. For the first offense, the privileges will be revoked for 1 year or until the person reaches 17 years old, whichever is longer. A second or subsequent offense will result in the revocation of privileges for 2 years or until the individual is 18 years old, whichever is longer.
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Cultivation, sale, delivery, or possession with intent to cultivate, sell, or deliver marijuana in a school, on a school bus, within 1,000 feet of a school bus stop or school grounds, in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by a fine that is twice that authorized for the offense and/or imprisonment for a term that is twice the amount authorized for the offense. It is an affirmative defense that the conduct took place exclusively within the confines of a private residence and the transaction did not involve profit.
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If the court finds that the offender is chemically dependent and this has contributed to their offense, the court may order the offender take part in rehabilitation.
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Any individual convicted, sentenced to a lesser charge, or given deferred prosecution under WA's DUID statute must pay a $200 fee to compensate the State for the drug test, in addition to any fine imposed by the Court. This fee applies to each individual conviction but may be waived for poverty.
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Source: NORML: Washington Laws & Penalties
Marijuana is a Schedule I hallucinogenic substance under the Washington Uniform Controlled Substances Act.
See:
- Washington Rev. Code § 69.50.204
The adult possession, in private, of up to one ounce of cannabis for personal use (as well as the possession of up to 16 ounces of marijuana-infused product in solid form, and 72 ounces of marijuana-infused product in liquid form) is not subject to criminal or civil penalty. The public consumption of marijuana is subject to a civil violation and fine.
Possession of one ounce to 40 grams is a misdemeanor, punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it "will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition." The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent.
Possession of more than 40 grams is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory $1,000 fine applies to first time offenses and a $2,000 fine to second or subsequent offenses.
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- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.4014
- Washington Rev. Code § 69.50.4013
- Washington Rev. Code § 69.50.425
- Washington Rev. Code § 69.50.430
Possession with intent to distribute any amount of marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. There is an additional mandatory fine of $1,000 for the first offense and $2,000 for a second or subsequent offense.
See:
- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.401
- Washington Rev. Code § 69.50.430
Sale or distribution of any amount of marijuana is a C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 fine to second or subsequent offenses.
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- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.401
- Washington Rev. Code § 69.50.430
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- Washington Rev. Code § 69.50.406(2)
Cultivation for either personal use or distribution is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
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- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.401
- Washington Rev. Code § 69.50.430
Washington's definition of marijuana includes "all parts of the plant Cannabis," including "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." Under this definition hashish or concentrates, which are compounds made from the resin of the plant, would be considered marijuana.
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- Washington Rev. Code §69.50.101(q)
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- Washington Rev. Code §69.50.4014
- Washington Rev. Code §69.50.425
- Washington Rev. Code §69.50.4013
- Washington Rev. Code §9A.20.021(1)(c)
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- Washington Rev. Code §69.50.401(c)
- Washington Rev. Code §9A.20.021(1)(c)
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- Washington Rev. Code §69.50.410
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- Washington Rev. Code §69.51A.040
- within schools;
- within 1,000 feet of school grounds
- within school buses;
- within 1000 feet of a school bus stop;
- within public parks;
- within public housing projects designated drug free zones;
- within -public transit vehicles
- at a public transit stop center;
- within civic centers designated drug free zones;
- within 1,000ft of any civic center designated a drug free zone.
- Washington Rev. Code §69.50.435
- Washington Rev. Code §69.50.410
- Washington Rev. Code §69.50.412
- Washington Rev. Code §9A.20.021(c)
Use, possession, delivery (no compensation required), or possession/manufacture with intent to deliver of paraphernalia is a misdemeanor punishable by a mandatory minimum of 24 hours and maximum of 90 days in jail. A mandatory fine of $250 is imposed for the first offense, and a mandatory fine of $500 is imposed for the second or subsequent violations. This is in addition to a possible fine up to $1,000. The imprisonment will not be suspended or deferred unless it is determined that it "will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition." The mandatory fine may not be suspended or deferred unless the defendant is found to be indigent. Delivery or possession/manufacture with intent to deliver to a person under the age of 18 committed by a person aged 18 years or older who is 3 years his senior is a gross misdemeanor, punishable by up to 1 year in jail and/or a fine of up to $5,000.
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- Washington Rev. Code § 69.50.412
- Washington Rev. Code § 69.50.425
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- Washington Rev. Code § 7.80.120
- Washington Rev. Code § 69.50.4121
Drug offenses are sentenced according to drug offense seriousness level and a drug offense sentencing grid.
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- Washington Rev. Code § 9.94A517
- Washington Rev. Code § 9.94A518
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- Washington Rev. Code § 9.94A.517
- Washington Rev. Code § 9.94A.660
- Washington Rev. Code § 9.94A.662
- Washington Rev. Code § 9.94A.664
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- Washington Rev. Code § 9.92.060
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- Washington Rev. Code § 69.50.408
Criminal
Vehicles and other property may be seized for violations of the Washington Uniform Controlled Substances Act if certain conditions are met. A seizure of property commences a forfeiture proceeding in which the law enforcement agency must give notice to the owner and others with an interest in the property within 15 days. After notice has been served, those with an interest in the property have 45 days in the case of personal property and 90 days in the case of real property to respond, or else the items will be deemed forfeited.
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- Washington Rev. Code § 69.50.505
Private or state actors may file an action for damages and forfeiture of property involved in delivery, cultivation, or possession with intent to deliver or cultivate marijuana.
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- Washington Rev. Code § 9A.82.100
Involving a person under the age of 18 in a drug offense
Involving a person under the age of 18 (compensating, soliciting, or threatening) in a transaction to cultivate, sell, or deliver marijuana is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
See:
- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.4015
- Washington Rev. Code § 69.50.430
It is a class C felony punishable by up to 5 years imprisonment and/or a fine up to $10,000 to knowingly maintain a structure (including homes and vehicles) that is resorted to by persons using controlled substances in violation of the law for that purpose, or which is used to sell or store substances. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
See:
- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.402(f)
- Washington Rev. Code § 69.50.430
Parents or legal guardians of a minor to whom a controlled substance was sold or transferred have a cause of action against the person who sold or transferred the substances. Damages may include costs of rehabilitation services for the minor, forfeiture of any money made in the transaction, and attorney's fees.
See:
- Washington Rev. Code § 69.50.414
A person who delivers a controlled substance, which is subsequently used by the person delivered to and results in their death, is guilty of a class B felony punishable by up to 10 years imprisonment and/or a fine up to $20,000. An additional mandatory fine of $1,000 applies to first offenses and $2,000 to second or subsequent offenses.
See:
- Washington Rev. Code § 9A.20.021
- Washington Rev. Code § 69.50.415
- Washington Rev. Code § 69.50.430
Juveniles (age 13-21) will have their driving privileges revoked for any offense under this statute. For the first offense, the privileges will be revoked for 1 year or until the person reaches 17 years old, whichever is longer. A second or subsequent offense will result in the revocation of privileges for 2 years or until the individual is 18 years old, whichever is longer.
See:
- Washington Rev. Code § 46.20.265
- Washington Rev. Code § 69.50.420
Cultivation, sale, delivery, or possession with intent to cultivate, sell, or deliver marijuana in a school, on a school bus, within 1,000 feet of a school bus stop or school grounds, in a public park, in a public housing project designated as a drug-free zone, in public transportation, and other locations is punishable by a fine that is twice that authorized for the offense and/or imprisonment for a term that is twice the amount authorized for the offense. It is an affirmative defense that the conduct took place exclusively within the confines of a private residence and the transaction did not involve profit.
See:
- Washington Rev. Code § 69.50.435
If the court finds that the offender is chemically dependent and this has contributed to their offense, the court may order the offender take part in rehabilitation.
See:
- Washington Rev. Code § 9.94A.607
Any individual convicted, sentenced to a lesser charge, or given deferred prosecution under WA's DUID statute must pay a $200 fee to compensate the State for the drug test, in addition to any fine imposed by the Court. This fee applies to each individual conviction but may be waived for poverty.
See:
- RCW § 46.61.5054(1).
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
HEMP
This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.
LEGALIZATION
This state has legalized marijuana for personal use.
MANDATORY MINIMUM SENTENCE
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
Source: NORML: Washington Laws & Penalties