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Washington Drug Possession Law

Washington Drug Possession Defense

What you're facing under RCW § 69.50.4013, how the penalties scale, and the questions your attorney needs to answer, specific to Washington (WA) law.

Offense Class

Gross Misdemeanor (first/second); Misdemeanor (with diversion)

Maximum Penalty

180 days (first/second); 364 days (third+ after July 1, 2023)

Maximum Fine

$1,000

Penalty Range in Washington

StatuteRCW § 69.50.4013 — Possession of a Controlled Substance
Minimum Penalty
Maximum Penalty180 days (first/second); 364 days (third+ after July 1, 2023)
Maximum Fine$1,000

Charge Enhancements

These factors can elevate the charge or penalty in Washington:

  • Third or subsequent offense after July 1, 2023 (up to 364 days)
  • Possession near schools or parks

Washington-Specific Detail

Washington passed the Blake fix in 2023 (SB 5536) making simple possession a gross misdemeanor. Prosecutors encouraged to divert first/second offenses to assessment and treatment. Cannabis legal for 21+ under RCW § 69.50.360.

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Drug Possession Defense Playbook — $127

26 questions that change how the next attorney meeting goes, a case stage roadmap, red flag checklist, and a case progress scorecard. Instant PDF download, relevant to Washington defendants.

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Important: This page provides legal INFORMATION about Washington drug possession law as of the date of publication. Laws change frequently. This is not legal advice. The analysis draws on methods developed by defense attorneys, applied to public data. Your attorney remains the final authority on defense direction.