Seattle Drug Crimes Lawyer

Defending Drug Offenses in Washington

Drug offenses may be classified as felonies, which are more serious, or as misdemeanors. A drug conviction in Washington may be harshly punished with jail time, fines, and even the removal of federal funds, such as school loans. A carefully crafted strategy by a skilled criminal defense attorney can make a huge difference to the outcome of your case. 

At Blair Kim Moeller, PLLC, Seattle drug crime lawyer Mark Blair can gather information about your arrest and the subsequent search and seizure, as well as your conversations with the police, to determine whether your constitutional rights may have been violated. If the police did not have a proper basis to search your home, for example, we may be able to suppress any evidence that was seized.

If you are facing a drug offense charge in Seattle, contact Blair Kim Moeller, PLLC today at  to discuss your case with an experienced criminal defense attorney and learn how we can help protect your rights.

Drug Offenses in Washington

Drug crimes in Washington are governed by the Uniform Controlled Substances Act (RCW 69.50). Under RCW 69.50.401, it is unlawful for someone to manufacture, deliver, or possess with intent to manufacture or deliver controlled substances. Controlled substances include any drug, substance, or immediate precursor that is included in any of five schedules as set forth in federal or state laws, federal rules, or commission rules.

Drugs are placed in different schedules based on specific criteria. For example, Schedule 1 substances are drugs that are believed to have a high potential for abuse, that have no currently accepted medical use or treatment, and that are unsafe for use in medical treatment.

Drug felonies are divided into classes A, B, or C, and their class influences the sentence imposed. For example, someone who manufactures, delivers, or possesses with intent to deliver or manufacture amphetamine or methamphetamine is guilty of a class B felony. Upon conviction, he or she may be imprisoned for up to 10 years, fined up to $25,000 if the crime involved less than two kilograms of the drug, or both imprisoned and fined. Someone who manufactures, delivers, or possesses with intent to deliver or manufacture a controlled substance that falls into Schedule I-III is guilty of a class C felony. The maximum sentence that may be imposed is five years in a state correctional institute, a fine of up to $10,000, or both.

Lesser offenses are charged and punished as misdemeanors. For example, possession of less than 40 grams of marijuana or possession of drug paraphernalia may be punished with 90 days in jail and a $1,000 fine.

Certain circumstances may result in more serious penalties. If a drug crime is proven to have occurred in a protected zone, such as within 1,000 feet of a school or certain public places, while in a correctional facility, in the presence of a child, or with the use of firearms or other deadly weapons, the penalties may be enhanced.

Consult an Experienced Seattle Lawyer for a Drug Crime Charge

There are a number of ways to defend against charges of selling, manufacturing, or possessing drugs. If you are charged with a drug offense, Seattle drug crime attorney Mark Blair can use his experience to help you try to have the charges dropped or reach a favorable plea deal with the prosecution for a lesser offense or sentence. We can thoroughly review your case both for constitutional violations that could get your case dismissed and for mitigating factors that could result in a reduced sentence. With 40 years of combined experience, Blair Kim Moeller, PLLC serves people throughout King County, including in Redmond, Kirkland, and Bellevue. Call us at (888) 478-4001 or use our online form to set up a consultation. We also represent people who need a DUI attorney or representation in fighting other criminal charges.

Frequently Asked Questions

What are the most common types of drug offenses in Washington?

Washington drug offenses can involve allegations of possessing, manufacturing, delivering, or possessing a controlled substance with the intent to manufacture or deliver it. The potential charge and penalties depend on factors such as the substance involved, its classification, the amount, and the circumstances of the alleged offense.

Is drug possession a felony or misdemeanor in Washington?

The classification of a drug possession offense depends on the specific circumstances and applicable law. Drug offenses may be charged as felonies or misdemeanors, with felony charges carrying more serious potential consequences. The type and amount of controlled substance involved can be important factors in determining the charge.

What is possession with intent to deliver?

Possession with intent to deliver involves allegations that a person possessed a controlled substance with the purpose of delivering it to another person. This can result in more serious consequences than a simple possession allegation, and the prosecution's evidence concerning intent may become an important issue in the case.

What penalties can result from a Washington drug felony?

Potential penalties depend on the classification of the offense and the controlled substance involved. Certain drug felonies may carry a maximum sentence of up to 10 years in prison and substantial fines, while other felony offenses may carry up to five years in prison and a fine of up to $10,000.

Can drug charges be enhanced if the alleged offense occurred near a school?

Certain circumstances involving protected zones may result in enhanced penalties. The page identifies locations such as areas within 1,000 feet of a school or certain public places as circumstances that can lead to increased penalties when the requirements of the applicable law are met.

Can a drug offense involving a weapon result in enhanced penalties?

Potentially. The use of firearms or other deadly weapons in connection with an alleged drug offense may be a factor that leads to enhanced penalties. The specific facts and applicable law will determine whether an enhancement applies.

Can drug charges be increased if a child was present?

The presence of a child may be one circumstance that can result in enhanced penalties for certain drug offenses. Whether an enhancement applies depends on the facts of the case and the requirements of the applicable law.

Can police search my home for drugs without a warrant?

Whether a search of a home is lawful depends on the circumstances and applicable constitutional protections. If police lacked a proper legal basis to conduct a search, evidence obtained during that search may potentially be challenged. An attorney can review the circumstances surrounding the search and seizure to determine whether a constitutional issue may exist.

Can evidence from an unlawful search be suppressed?

Potentially. A defense attorney can examine how police obtained evidence and whether constitutional rights were violated. When evidence was obtained through an unlawful search or seizure, the defense may be able to seek its suppression, which could significantly affect the prosecution's case.

How can a Seattle drug crime attorney defend against drug charges?

A defense strategy depends on the specific allegations and evidence. An attorney may investigate the circumstances of the arrest, search, seizure, and interactions with law enforcement to identify potential constitutional violations. The defense may also consider weaknesses in the prosecution's evidence, mitigating circumstances, and whether negotiating a reduced charge or sentence is appropriate.

If you are facing a drug offense charge in Seattle, our attorneys are committed to fighting to protect your rights and providing aggressive legal representation backed by 40 years of combined experience. Contact us today to discuss your case and learn about your legal options.

Fill out the contact form or call us at (888) 478-4001 to schedule your initial consultation.