Washington State Marijuana Crimes

- Possession of 40 Grams or Less of Marijuana:

Possession of 40 grams or less of marijuana in Washington State is a misdemeanor. RCW 69.50.4014

A VUCSA related misdemeanor is punishable by a minimum of at least one day in jail and a $250.00 fine and a maximum of 90 days in jail and a $1000.00 fine. RCW 69.50.425.

Furthermore, for individuals under 21 years of age, a possession of marijuana charge may cause a one-year driver's license suspension (with the ability to petition the court to reinstate your license after 90 days). RCW 69.50.420.

- Possession of More than 40 Grams of Marijuana:

Possession of more than 40 grams of marijuana in Washington State is a class C felony and may be punishable by up to 5 years in jail and a $10,000 fine.

Additionally, if you possess significantly more than 40 grams of marijuana, the state could argue that your possessed the marijuana with intent to deliver (sell) it and charge you with a more serious crime.

- Cultivation, Delivery or Sale of Marijuana:

Cultivation (growing), delivery and sale of marijuana are all class C felonies in Washington State and are punishable by up to 5 years in jail and up to a $10,000 fine.

It is very important to be aware that the cultivation, delivery or sale of any amount of marijuana, no matter how small, may be charged as a C felony and therefore will carry a much more severe penalty than a simple possession of 40 grams or less.

- Medical Marijuana:

Washington State's Medical Marijuana Act, found at RCW 69.51A, gives qualifying individuals a defense to Washington VUCSA crimes relating to the possession, cultivation and administration of medical marijuana. It does not legalize the recreational use of marijuana.

Further, it is important to understand that the only people covered under this act are "qualifying patients and their providers." In order to become a qualifying patient, one must meet the medical conditions listed in the Act and follow the specific protocols the Act requires.

Qualifying patients must always carry valid documentation whenever they plan on carrying or using medical marijuana and must be prepared to provide these documents to a police officer if they are questioned about their use of medical marijuana. This documentation consists of the following:

• Proper authorization from their physician; and
• A valid proof of identification (such as a US passport or a Washington State Driver's License)

For more information on Washington State's Medical Marijuana laws, see the Washington State ACLU's medical marijuana site.