PENALTIES FOR POSSESSION OF MARIJUANA (LESS THAN 40 GRAMS) IN WASHINGTON STATE

In the last several months, when I have mentioned the charge of marijuana possession, many people have responded with something like, "is that even illegal in Seattle anymore?" While it may not be the highest priority for the Seattle Police Department, the answer is yes, possession of marijuana is still illegal in Seattle and you can still go to jail for it. And just because the law regarding marijuana possession may not be vigorously enforced in the city of Seattle, it is still enforced in other parts of King County and Washington State; not too long ago someone contacted me about a possession of marijuana charge in Bellevue.

Possession of marijuana in the amount of 40 grams or less is a simple misdemeanor punishable up to 90 days in jail and a $1,000 fine. Like DUIs, this charge carries a minimum mandatory sentence. If you are convicted of this offense, there is a minimum mandatory jail sentence of 24 consecutive hours and a $250 fine. For all possession charges after the first conviction, there is a minimum fine of $500. Unlike DUIs, however, the minimum mandatory jail sentence is not increased upon subsequent marijuana possession convictions.

If you are a minor between the ages of 13 and 21, this charge can have serious consequences with regard to your driver's license. In Washington State, the court is required to notify the Department of Licensing (DOL) of any drug convictions if you are between the ages of 13 and 21. DOL will revoke your driver's license and this revocation is mandatory.

Because it is mandatory, you are not entitled to a DOL hearing prior to the revocation. If you are between the ages of 15 and 18, your driving permit or driver's license will be revoked for either one year from the date you are convicted or until you turn 17, depending on whichever date is later. If you are convicted of a subsequent drug offense, your license will be revoked for 2 years and the revocation will not begin until your first revocation has ended.

Although simple possession of marijuana in the amount of 40 grams or less is not the most serious drug offense, it still carries penalties- especially for those under 21 years of age- and the police do enforce the law, albeit possibly less zealously in the city of Seattle. I've already posted some of the defenses that apply to drug charges and will continue to post further defenses. If you are found to be guilty of this charge, it will appear as a criminal conviction on your record. For that reason alone, it is in your best interest to contact a criminal defense lawyer who handles drug cases as soon as possible if you are cited or arrested for possession of marijuana.