Federal and State Drug Laws

Washington State Drug Laws

RCW 46.61.502 & RCW 46.61.504

• Prohibits operating motor vehicle while under the influence of an intoxicating liquor or any drug. Discusses penalties and Alcohol Information School.

RCW 46.61.517 & RCW 46.20.308: Refusal of person to Take Alcohol Test or drug concentration

• Refusal of person to Take Alcohol Test or drug concentration in the person's blood or breath is admissible in a court of law.

RCW 66.24.481: Public Place or Club

• No public place may keep liquor or permit its consumption unless authorized by a state banquet permit.

RCW 66.44.100: Opening or Consuming Liquor in Public Place

• Prohibits consuming liquor in a public place.

RCW 66.44.200: Sales to Persons Apparently Under the Influence of Liquor

• Prohibits the sale of any alcohol to a person apparently under the influence of liquor.

RCW 66.44.270: Furnishing Liquor to Minors— Possession, Use

• Prohibits the sale or supply of liquor to a minor, and prohibits anyone from permitting a minor to consume liquor on premises under that person's control.
• Prohibits minors from possessing, consuming, or otherwise acquiring any liquor. (At the college, it is also contrary to furnish or permit alcohol to be served to persons who are intoxicated.)

RCW 66.44.290: Minors Purchasing

• Prohibits anyone under age 21 from purchasing or attempting to purchase alcohol.

RCW 66.44.310: Misrepresenting Age

• Prohibits using a false identification card or misrepresenting your age.

RCW 66.44.325 & RCW 66.44.328: False Identification

• Prohibits the use and manufacture of false ID cards.

RCW 66.44.370: Resisting Arrest

• Prohibits anyone from resisting arrest by a law enforcement official.

RCW 69.41.350: Penalties of possessing

• Penalties of possessing under 200 tablets or eight 2 cc bottles of steroid without a valid prescription (gross misdemeanor) or over 200 tablets or eight 2 cc bottles of steroid without a valid prescription (Class C Felony)

RCW 69.50.401: Prohibited Acts: A - Penalties

• Prohibits the manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance. Any person in violation with respect to: (i) a Schedule I or II narcotic is guilty of a crime and upon conviction may be imprisoned for up to 10 years. If the crime involved less than two kilograms of the drug, fined up to $25,000; or if the crime involved two or more kilograms of the drug, then fined up to $100,000 for the first two kilograms and up to $50 for each additional gram.
• The sentence may include both imprisonment and fine, (ii) any other Schedule I, II, III substance is guilty of a crime and may be imprisoned for up to five years, fined up to $10,000 or both. Nor may anyone be in possession of a controlled substance unless it was obtained through a valid prescription of a practitioner. Any person found guilty of possession of 40 grams or less of marijuana shall be guilty of a misdemeanor.

RCW 69.50.406: Distribution to Persons Under Age 18

• Anyone 18 years of age or over who distributes a controlled substance that is a narcotic drug to a person under 18 is punishable by the fine and/or imprisonment of up to twice that authorized by RCW 69.50.401 (a) (1) (i)

RCW 69.50.408: Second or Subsequent Offenses

• Second or subsequent offenses are punishable by twice the imprisonment and/or fine that is otherwise authorized.

RCW 69.50.410: Prohibited Acts: D - Penalties

• Prohibits the sale for profit any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204 except leaves and flowering tops of marihuana
• Any person convicted of this subsection shall receive a sentence of up to five years in prison for the first offense, or a mandatory sentence of five years in prison for a subsequent offense and no judge may suspend or defer the second sentence.
• Violation of this subsection by selling heroin is punishable by a mandatory sentence of two years in prison and no judge of any court shall suspend or defer the sentence. Any person convicted on a second or subsequent sale of heroin shall receive a mandatory sentence of 10 years in prison and no judge shall suspend or defer the second sentence.
• In addition to the sentences provided, any person convicted of a violation of this subsection shall be fined in an amount calculated to at least elimination and all proceeds of profits gained by such person as a result of sales of controlled substances, up to the amount of $500,000 on each count.

RCW 69.50.412: Prohibited Acts: E - Penalties

• Prohibits the use of drug paraphernalia to plant grow, harvest, manufacture, produce, prepare, test, store, or introduce into the human body a controlled substance: is guilty of a misdemeanor. Prohibits the delivery, possession with intent to deliver, or manufacture with intent to deliver drug paraphernalia to a person less than 18 years of age who is at least three years of age his junior is guilty of a gross misdemeanor. Any person 18 years of age or over who violates this subsection by delivering drug paraphernalia to a person less than 18 years of age who is at least three years of age his junior is guilty of a gross misdemeanor.

RCW 69.50.412: Prohibited Acts: E -- Penalties (as amended by 2013 c 3)

• 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 other than marijuana. Any person who violates this subsection is guilty of a misdemeanor.

RCW 69.50.420: Violations – Juvenile Driving Privileges

• If a juvenile between 13 and 21 is convicted of a violation of this chapter, the court shall notify the Department of Licensing within 24 hours after the entry of the judgment.

RCW 69.50.430: Additional Fine for Certain Felony Violations

• Every person convicted of possessing, delivering, manufacturing, or selling a controlled substance shall, for a first offense, be fined $1,000 in addition to any other fine or penalty imposed. Persons found guilty of a second or subsequent offense shall receive a mandatory $2,000 fine. Unless the court finds the person to be indigent, this additional fine shall not be suspended or deferred by the court.

RCW 69.52.030: Imitation Substances

• Prohibits the sale or misrepresentation of a substance as an illicit drug and any person who violates this shall, upon conviction, be guilty of a class C felony.

Washington Legal Sanctions Relating to Manufacturing, Selling, or Delivering a Controlled Substance

Schedule I or II Narcotic (i.e., cocaine, heroin, opium) Quantity: Less than two kilograms.

• First Offense: Imprisonment of not more than 10 years, or fine of not more than $25,000, or both.
• Second Offense: up to twice the prison term and fine. 
  

Schedule I or II Narcotic (i.e., cocaine, heroin, opium) Quantity: Two or more kilograms.

• First Offense: Imprisonment of not more than 10 years, or fine of not more than $10,000 for first two kilograms and not more than $50 for each additional gram, or both (fine and imprisonment).
• Second Offense: up to twice the prison term and fine.

 Any other controlled substance classified in Schedule I, II, III, IV, or V. Quantity: Any.

• First Offense: Imprisonment of not more than five years, or fine of not more than $10,000, or both.
• Second Offense: up to twice the prison term and fine.

Sale for profit of any controlled substance classified in Schedule I. Quantify: Any.

• First Offense: Imprisonment of not more than five years, or fine of up to $500,000.
• Second Offense: mandatory sentence of five years.

Sale of heroin Quantity: Any.

• First Offense: Mandatory two-year imprisonment, or fine of up to $500,000.
• Second Offense: mandatory sentence of five years.

Use of drug paraphernalia to plant, grow, store, inject, or otherwise insert into the human body a controlled substance Quantity: Any.

• First Offense: Imprisonment not less than 24 hours, or fine of not less than $250.
• Second Offense: fine of not less than $500. 

Legal Sanctions Relating To Violations of Washington Alcohol Beverage Control Act

Sale or supply of liquor to any person under the age of 21.

• First Offense: fine of not more than $500, or imprisonment of not more than two months, or both.
• Second Offense: imprisonment of not more than six months. Third or Subsequent Offense, imprisonment of not more than one year.

Possession, consumption, or acquisition of liquor by any person under the age of 21 (Minor in Possession/ MIP).

• First Offense: Fine of not more than $500, or imprisonment of not more than two months, or both.
• Second Offense: imprisonment of not more than six months. Third or Subsequent Offense, imprisonment of not more than one year.

Purchase or attempted purchase of liquor by any person under the age of 21*.

• First Offense: Fine of not more than $500, or imprisonment for not more than two months, or both.
• Second Offense: imprisonment of not more than six months.
• Third or Subsequent Offense: imprisonment of not more than one year.

*For those between the ages of 18 and 21: Fine of not less than $250 and not fewer than 25 hours of community service.

FEDERAL DRUG LAWS

Sanctions for possession and trafficking of controlled substances under Title 21 United States Code (USC) Controlled Substances Act:

21 U.S.C. 844 (a)

Any individual who knowingly possesses a controlled substance that is listed in section 841(b)(1)(A) of this title in violation of section 844 of this title in an amount that, as specified by regulation of the Attorney General, is a personal use amount shall be liable to the United States for a civil penalty in an amount not to exceed $10,000 for each such violation.

21 U.S.C. 853 (A) (2) and 21 U.S.C. 881 (a) (4) and 21 U.S.C. 881 (a) (7)

Forfeiture and property used to possess a controlled substance if the offense is punishable by more than one year imprisonment Forfeiture of vehicles, boats, or aircraft used to transport or conceal a controlled substance. Civil fine of up to $10,000.

21 U.S.C. 853a and 18 U.S.C. 922 (g) and prosecutions under 18 U.S.C. 922 (g)(8)

Denial of Federal benefits, such as student loans, grants, contracts, and licenses, up to 1 year for first offense, up to 5 years for subsequent offenses. Revocation of Federal licenses and benefits, e.g. pilot licenses, public housing tenancy, etc., are within the authority of some Federal agencies. Ineligible to receive or purchase a firearm.