Felony Drug Charge Defense Lawyer

Washington Drug Laws After State v. Blake

In February 2021, the Washington Supreme Court decided State v. Blake and struck down the state’s felony drug possession statute because it did not require proof that a person knew they possessed drugs.

In 2023, the Legislature responded with Senate Bill 5536, effective July 1, 2023. Under current law, knowing possession of a controlled substance and use of a controlled substance in a public place are gross misdemeanors, and the law encourages pretrial diversion and treatment. Possession with intent to deliver, delivery and manufacturing remain felonies.

People with prior convictions under the old possession statute may be able to have those convictions vacated and seek a refund of fines paid.

Drug Charges Kimberly Exe Defends

• Possession With Intent to DeliverFelony charges based on quantity, packaging, cash or messages
• Delivery and DistributionIncluding charges arising from controlled buys and informants
• ManufacturingManufacturing or cultivating controlled substances
• Controlled Substances HomicideDelivery charges where a death is linked to the drugs supplied
• Drug ConspiracyConspiracy and solicitation to deliver controlled substances
• Prescription FraudObtaining controlled substances by fraud or forged prescriptions
• Counterfeit SubstancesPossession or delivery of counterfeit controlled substances
• Sentencing EnhancementsSchool zone, firearm and repeat-offense enhancements

Penalties for Drug Offenses in Washington

Felony drug offenses are sentenced on a separate drug sentencing grid (RCW 9.94A.517) with three seriousness levels. Delivery or possession with intent to deliver drugs such as heroin, fentanyl, cocaine and methamphetamine is a class B felony with a maximum of ten years. Delivery of marijuana outside the licensed market is generally a class C felony.

Penalties can increase significantly with:

• Protected zone enhancements for offenses near schools, school bus stops and other protected locations (RCW 69.50.435)
• Firearm enhancements when a weapon is present, which add mandatory consecutive time
• Second or subsequent offenses, which can double the maximum penalty (RCW 69.50.408)

Felony drug convictions also follow the general felony sentencing rules for offender scores and criminal history.

Drug Court, Diversion and Treatment Alternatives

Treatment-based resolutions are often available in felony drug cases, and they can lead to dismissal or a significantly reduced sentence:

1. Drug Court

   King County’s Adult Drug Diversion Court and Snohomish County’s Adult Drug Treatment Court are therapeutic felony courts for eligible defendants whose charges are related to substance use. Participants who complete treatment and court requirements can have their charges dismissed. Kimberly has experience practicing in Drug Court.

2. Reduced charges

   Depending on the evidence, a delivery or intent-to-deliver charge may be negotiated down to simple possession, a gross misdemeanor that encourages diversion to treatment.

3. Drug Offender Sentencing Alternative (DOSA)

   For eligible felony cases, DOSA replaces part of a prison sentence with treatment and community custody.

Defenses to Drug Charges

Many drug cases are won or lost on how the evidence was obtained. Article I, Section 7 of the Washington Constitution provides stronger privacy protection than the Fourth Amendment, and Washington courts have rejected some exceptions to the warrant requirement that federal courts allow. Common defenses include:

• Suppressing evidence from unlawful stops, vehicle searches, home searches and warrants lacking probable cause
• Challenging constructive possession when drugs were found in a shared car, room or home
• Testing lab analysis, chain of custody and drug identification
• Examining informant reliability and the conduct of controlled buys
• Contesting “intent to deliver” claims based only on quantity, packaging or cash

Drug Charge FAQs