Getting Your Washington Drug Possession Charge Dismissed

In Washington, possession of controlled substances may be either a low felony or a misdemeanor. If the offense is a first-time offense, the defendant may have the option of penalty alternatives. These alternatives include the statutory first-time offender waiver, a diversion program in exchange for dismissal of charges, or participating in the Drug Offender Sentencing Alternative (DOSA).

Current Possession Statutes

69.50.4013 - Possession of controlled substance — Penalty.

(1) It is unlawful for any person to possess a controlled substance unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice, or except as otherwise authorized by this chapter.

(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.

69.50.4014 - Possession of forty grams or less of marijuana — Penalty.

Except as provided in RCW 69.50.401(2)(c), any person found guilty of possession of forty grams or less of marijuana is guilty of a misdemeanor.

Penalty Alternatives

9.94A.650 - First-time offender waiver.

(1) This section applies to offenders who have never been previously convicted of a felony in this state, federal court, or another state, and who have never participated in a program of deferred prosecution for a felony, and who are convicted of a felony that is not:

     (a) Classified as a violent offense or a sex offense under this chapter;

     (b) Manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance classified in Schedule I or II that is a narcotic drug or flunitrazepam classified in Schedule IV;

     (c) Manufacture, delivery, or possession with intent to deliver a methamphetamine, its salts, isomers, and salts of its isomers as defined in RCW 69.50.206(d)(2);

     (d) The selling for profit of any controlled substance or counterfeit substance classified in Schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana; or

     (e) Felony driving while under the influence of intoxicating liquor or any drug or felony physical control of a vehicle while under the influence of intoxicating liquor or any drug.

     (2) In sentencing a first-time offender the court may waive the imposition of a sentence within the standard sentence range and impose a sentence which may include up to ninety days of confinement in a facility operated or utilized under contract by the county and a requirement that the offender refrain from committing new offenses.

     (3) The court may impose up to one year of community custody unless treatment is ordered, in which case the period of community custody may include up to the period of treatment, but shall not exceed two years.

Diversion Programs

In the case of a first offense or a misdemeanor crime, the court offers the alternative option of entering a drug treatment program in exchange for dismissing the charges after successfully completing the program. The defendant must pass a series of classes as well as random drug testing to successfully complete the program.

DOSA (Drug Offender Sentencing Alternative)

The DOSA program halves the stipulated jail time and allows the defendant to return to society under probationary supervision. The defendant may be subject to electronic home monitoring under this program.

Talk with an Attorney

If you face drug possession charges in Washington, you may have your charges dismissed if you participate in a drug diversion program. You may also have your sentence reduced under a statutory waiver or DOSA. Talk with an experienced attorney to discuss your case.