Drug Sales

The laws of drug delivery, possession and use are governed by the Uniform Controlled Substances Act, which is provided in RCW §69.50.

According to RCW §69.50.401, it is unlawful for any person to manufacture, deliver, or possess with intent to manufacture or deliver, a controlled substance.

Selling is a form of delivery prohibited by the law. Selling is different from distribution: selling involves the act of exchanging money, while distribution is the act of handing over of the substance.

According to RCW §69.50.401, delivery or sale of any form of a controlled substance included in the statute's Schedule I or II and classified as a narcotic, flunitrazepam, or amphetamine is considered a class B felony and upon conviction may be imprisoned for a maximum of ten years, fined, or both. The fine may be determined as follows:

1. A maximum of $25,000 if the crime involved less than two kilograms of the drug; or
2. A maximum of $100,000 for the first two kilograms and a maximum of $50 for each gram in excess of two kilograms.

According to RCW §69.50.401, delivery or sale of any form of a controlled substance included in Schedules I, II, III, IV, or V, but not classified above as a class B felony, is considered a class C felony, which RCW §9A.20.021 defines as punishable by up to five years in prison, a maximum fine of $10,000, or both.

There are few ways to defend a drug sales charge. Since the offense requires knowledge of the sale, one defense strategy might be to argue that you were not aware that you were selling controlled substances. Another defense strategy is to challenge the evidence gathered against you, how it was collected during the arrest, and any possible constitutional violations. Evidence that was seized during an illegal arrest can be suppressed, which means that the prosecuting attorney cannot use it.