Practice Areas - Drug Offenses


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Drug Crimes and Offenses continued

(n) Marijuana or marihuana means all parts of the plant Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plaint, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made3from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom) fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(o) Narcotic drug means any of the following, whether produced directly or indirectly by extraction from substances or vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium, opium derivative, and any derivative of opium or opium derivative, including their sales, isomers, and salts of isomers, whenever the existence of the salts, isomers, and salts of isomers is possible within the specific chemical designation. The term does not include the isoquinoline of alkaloids of opium.
(2) Synthetic opiate and any derivative of synthetic opiate, including their isomers, esters, ethers, sales, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, and salts is possible within the specific chemical designation.
(3) Poppy straw and concentrate of poppy straw.
(4) Coca leaves, except coca leaves and extracts of coca leaves from which cocaine, ecgonine, and derivatives or ecgonine or their sales have been removed.
(5) Cocaine, or any salt, isomer, or salt of isomer thereof.
(6) Cocaine base.
(7) Ecgonine, or any derivative, salt, isomer, or salt of isomer thereof.
(8) Any compound, mixture, or preparation containing any quantity of any substance referred to in subparagraphs (1) through (7).
(p) Opiate means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. The term includes opium, substances derived from opium (opium derivatives), and synthetic opiates. The term does not include, unless specifically designated as controlled under RCW 69.50.201, the dextrorotatory isomer of 3-methoxy-n-methylmorphinan and its salts (dextromethorphan). The term includes the racemic and levorotatory forms of dextromethorphan.
(q) Opium poppy means the plant of the species Papaver somniferum L., except its seeds.
(r) Person means individual, corporation, business trust, estate, trust partnership, association, joint venture, government, governmental subdivision or agency, or any other legal or commercial entity.
(s) Poppy straw means all parts, except the seeds, of the opium poppy, after mowing.
(t) Practitioner means:
(1) A physician under Chapter 18.71 RCW, a physician assistant under chapter 18.71A RCW, an osteopathic physician and surgeon, under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric physician and surgeon under chapter 18.22 RCW, a veterinarian under chapter 18.92RCW, a registered nurse under chapter 18.79 RCW, a pharmacist under chapter 18.64 RCW or a scientific investigator under this chapter, licensed, registered or otherwise permitted insofar as is consistent with those licensing laws to distribute, dispense, conduct research with respect to or administer a controlled substance in the course of their professional practice or research in this state.
(2) A pharmacy, hospital or other institution licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state.
(3) A physician licensed to practice medicine and surgery, a physician licensed to practice osteopathic medicine and surgery, a dentist licensed to5practice dentistry, a podiatric physician and surgeon licensed to practice veterinary medicine in any state of the United States.
(u) Prescription means an order for controlled substances issued by a practitioner duly authorized by law or rule in the state of Washington to prescribe controlled substances within the scope of his or her professional practice for a legitimate medical purpose.
(v) Production includes the manufacturing, planting, cultivating, growing or harvesting of a controlled substance.
(w) Secretary means the secretary of health or the secretary's designee.
(aa) State, unless the context otherwise requires, means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
(bb) Ultimate user means an individual who lawfully possesses a controlled substance for the individual's own use or for the use of a member of the individual's household or for administering to an animal owned by the individual or by a member of the individual's household.


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RCW 69.50.425 Misdemeanor Violations- Minimum Imprisonment

A person who is convicted of a misdemeanor violation similar to the Uniform Controlled Substances Act shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than five hundred dollars.

These fines shall be in addition to any other fine or penalty imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment shall not be suspended or deferred.

If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service. If a minimum term of imprisonment is suspended or deferred, the court shall state in writing the reason or granting the suspension or deferral and the facts upon which the suspension or deferral is based. Unless the court finds the person to be indigent, the minimum fine shall not be suspended or deferred.

Download the complete text of RCW 69.50.101 Definitions


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RCW 69.50.435 Violations Committed in or on Certain Public Places Of Facilities

(a) Any person who violates RCW 69.50.401(a) by manufacturing, selling, delivering, or possessing with the intent to manufacture, sell, or deliver a controlled substance listed under that subsection or who violates RCW 69.50.410 by selling for profit any controlled substance or counterfeit substance classified in schedule I, RCW 69.50.204, except leaves and flowering tops of marihuana to a person:

(1) In a school;
(2) On a school bus;
(3) Within one thousand feet of a school bus route stop designated by the school district;
(4) Within one thousand feet of the perimeter of the school grounds;
(5) In a public park;
(6) In a public housing project designated by a local governing authority as a drug-free zone;
(7) On a public transit vehicle;
(8) In a public transit stop shelter;
(9) At a civic center designated as a drug-free zone by the local governing authority; or
(10) Within one thousand feet of the perimeter of a facility designated under (9) of this subsection, if the local governing authority specifically designates the one thousand foot perimeter, may be punished by a fine of up to twice the fine otherwise authorized by this chapter, but not including twice the fine authorized by RCW 69.50.406 or by imprisonment of up to twice the imprisonment otherwise authorized by this chapter, but not including twice the imprisonment authorized by RCW769.50.406, or by both such fine and imprisonment.

The provisions of this section shall not operate to more than double the fine or imprisonment otherwise authorized by this chapter for an offense.

(b) It is an affirmative defense to a prosecution for a violation of this section that the prohibited conduct took place entirely within a private residence, that no person under eighteen years of age or younger was present in such private residence at any time during the commission of the offense, and that the prohibited conduct did not involve delivering, manufacturing, selling, or possessing with the intent to manufacture, sell, or deliver any controlled substance in RCW 69.50.401(a) for profit. The affirmative defense established in this section shall be proved by the defendant by a preponderance of the evidence.

(c) In a prosecution under this section, a map produced or reproduced by any municipality, school district, county, transit authority engineer, or public housing authority for the purpose of depicting the location and boundaries of the area on or within one thousand feet of any property used for a school, school bus route stop, public park, public housing project designated by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or a civic center designated as a drug-free zone by a local governing authority, or a true copy of such a map, shall under proper authentication, be admissible and shall constitute prima facie evidence of the location and boundaries of those areas if the governing body of the municipality, school district, county, or transit authority has adopted a resolution or ordinance approving the map as the official location and record of the location and boundaries of the area on or within one thousand feet of the school, school bus route stop, public park, public housing project designed by a local governing authority as a drug-free zone, public transit vehicle stop shelter, or civic center designated as a drug-free zone by a local governing authority.

Any map approved under this section or a true copy of the map shall be filed with the clerk of the municipality or county, shall be maintained as an official record of the municipality or county.

Download the complete text of RCW 69.50.101 Definitions


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RCW 69.50.435 Violations Committed in or on Certain Public Places Of Facilities Continued

(d) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) 'School' has the meaning under RCW 28A.150.010 or28A.150.020. The term 'school' also includes a private school approved under RCW 28A.195.010;8
(2) 'School bus' means a school bus as defined by the superintendent of public instruction by rule which is owned and operated by any school district and all school buses which are privately owned and operated under contract or otherwise with any school district in the state for the transportation of students. The term does not include buses operated by common carriers in the urban transportation of students such as transportation of students through a municipal transportation system;
(3) 'School bus route stop' means a school bus stop as designed by a school district;
(4) 'Public Park' means land, including any facilities or improvements on the land, that is operated as a park by the state or a local government;
(5) 'Public transit vehicle' means any motor vehicle, street car, train, trolley vehicle, or any other device, vessel, or vehicle which is owned or operated by a transit authority and which is used for the purposes of carrying passengers on a regular schedule;
(6) 'Transit authority' means a city, county or state transportation system, transportation authority, public transportation benefit area, public transit authority, or metropolitan municipal corporation within the state that operates public transit vehicles.
(7) 'Stop shelter' means a passenger shelter designated by a transit authority;
(8) 'Civic center' means a publicly owned or publicly operated place or facility used for recreational, educational, or cultural activities;
(9) 'Public housing project' means the same as 'housing project,' as defined in RCW 35.82.020.


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RCW 69.50.505. Seizure and Forfeiture

(a) The following are subject to seizure and forfeiture and no property right exists in them:

(1) All controlled substances which have been manufactured, distributed, dispensed, acquired, or possessed in violation of this chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as defined in RCW964.44.010, used or intended to be used in the manufacture or controlled substances;

(2) All raw materials, products, and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter or chapter 69.41 or 69.52 RCW;

(3) All property which is used, or intended for use, as a container for property described in paragraphs (1) or (2);

(4) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, in any manner to facilitate the sale, delivery, or receipt of property described in paragraphs (1) or (2).

Drug-Related Enhancements
Enhances to the presumptive range for prison are required for certain drug offenses that occur in a protected zone (RCW 9.94A.510(6) or in correction facilities (RCW 9.94A.510(5)).

Protected Zone
If an offender is sentenced for committing certain drug offenses in a protected zone, 24 months are added to the presumptive sentence, and the maximum imprisonment and fine are doubled (RCW 69/50.435).
Protected Zones include the following:
Schools or school buses;
1,000 feet of a school bus route stop or a school ground perimeter;

Public parks
Public transit vehicles or public transit stops;
Civic centers or public housing projects designated as a drug-free zone by the local governing authority; or 10 to 1,000 feet of the perimeter of a facility designated as a civic center, if the local governing authority specifically designates the 1,000 foot perimeter.

When a convicted drug offender is subject to both RCW 69.50.435 (which doubles the maximum sentence that may be imposed for a drug offense committed in or near a public place or facility as specified by the statute) and RCW 9.94A.510(3) (which mandates enhanced sentences for offenses committed while armed with a firearm), the maximum sentence for the firearm enhancement should equal the statutory maximum for the offenses as doubled by RCW 69.50.435. State v. Barajas, 88 Wn. App. 387 (1997).

Presence of a child
When an offender is convicted of the manufacture of a controlled substance under RCW 69.50.501, (a) relating to the manufacture of methamphetamine; or (b) possession of ephedrine or pseudoephedrine with the intent to manufacture methamphetamine, and there was a special allegation proven that the offender committed the crime when a person under the age of eighteen was present in or upon the premises of the manufacture, then 23 months are added to the presumptive sentence.

Download the complete text of RCW 69.50.101 Definitions


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RCW 69.50.425 Misdemeanor Violations- Minimum ImprisonmentRCW 69.50.435 Violations Committed in or on Certain Public Places Of FacilitiesRCW 69.50.435 Violations Committed in or on Certain Public Places Of Facilities ContinuedRCW 69.50.505. Seizure and Forfeiture
 

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Nicholas George - Spokane Criminal Attorney & DUI Attorney

1312 N. Monroe, Suite 263, Spokane, WA 99201
(509) 474-1116
Toll Free: 844-747-9011
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