Ms. Callahan authored the book on driving offenses in WA, relied upon by lawyers and judges alike.
Washington State Possession of Drugs in Vehicle
In Washington State, it is illegal to possess a controlled substance unless it has been prescribed by a physician. If you are found with illegal substances or controlled substances not prescribed to you, you could be charged with a felony offense. Even prescription drugs are illegal to possess if you do not have prescription for them, or if they are not carried in the container in which they were dispensed. If you have recently been charged with possession of narcotics in your vehicle, you need to immediately speak with an experienced Washington defense attorney.
The penalties for unlawful possession vary but for some convictions, you could serve up to 5 years in prison and a $10,000 fine. If a driver possesses less than 40 grams of marijuana or drug paraphernalia, he or she may be charged with a misdemeanor, while possession of 40 grams or more is a felony offense.
You may be charged with simple possession by having illegal drugs or non-prescribed medications in your possession, such as in your pockets, purse, backpack, or other location. You can even be charged if found in an area of your control – which could be almost anywhere near you, such as under a seat or in a console, trunk, glove compartment, or elsewhere in a vehicle.
Possession with intent to distribute is a much more serious crime. A prosecutor may seek to prove that a driver intended to sell narcotics by the way it is packaged or the quantity of the drugs. A person may have a small amount of drugs, but if it is packaged in small, individual bags, it may be assumed that the drugs were meant to be sold. If a person is caught with a large amount of drugs, the prosecutors may argue that it was intended for sale to others.
If you were arrested for possession, you should speak to a qualified defense attorney. A skilled attorney will determine whether proper procedures were followed in any search of your body or vehicle. If they were not, the evidence may be inadmissible in court and without the evidence, the charges may be dropped.
The defense attorneys at Callahan Law represent clients who have been accused of possessing such substances in a vehicle. Call us at Callahan Law for a free consultation.
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Disclaimer: This site contains general information only. It is not intended to provide legal advice, nor does it substitute for the professional judgment of Ms. Callahan concerning the facts and the laws that apply in your individual case.