Washington outlines its drug laws in the Uniform Controlled Substances Act. When someone commits a drug crime, it is a Violation of the Uniform Controlled Substances Act (VUCSA).
The Uniform Controlled Substances Act details the penalties associated with VUCSA offenses. Offenders are given a sentence based on the seriousness level of their crime and their offender score.
Offender Score
An offender score is a number that ranges from 0 to 9+. To determine an individual’s score, the court considers:
- The number of prior criminal convictions the offender has
- The relationship between past offenses and the current charge
- Any other current convictions the offender faces
- The individual’s community placement status
- The length of time that the individual was crime-free between offenses
Once the court determines this score, they evaluate the seriousness of the offense. Crimes are broken down into three levels, with Level III being the most dangerous.
Level I Seriousness
Level I crimes are the least severe, and, as such, carry the shortest standard sentences. These crimes include:
- Forging a prescription for a legend drug
- Forging a prescription for a controlled substance
- Manufacturing, delivering, or possessing marijuana with intent to deliver
- Possessing a controlled substance that is a narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V
- Possessing heroin or a narcotic from Schedule I or II
- Unlawfully using a building for drug purposes
Level II Seriousness
Level II drug crimes include:
- Creating, delivering, or possessing a counterfeit controlled substance
- Delivering or possessing methamphetamine with intent to deliver
- Delivering a material in lieu of a controlled substance
- Maintaining a place or dwelling for controlled substances
- Manufacturing, delivering, or possessing amphetamine with intent to deliver
- Manufacturing, delivering, or possessing Schedule I or Schedule II narcotics or flunitrazepam with intent to deliver
- Manufacturing, delivering, or possessing narcotics from Schedule III, IV, or V or a nonnarcotic from Schedule I-V with intent to deliver (excluding marijuana, amphetamine, methamphetamine, and flunitrazepam
- Manufacturing, delivering, or possessing imitation controlled substances with intent to deliver
Level III
A Level III drug offense carries the longest prison sentence. Crimes include:
- Any felony with a deadly weapon
- Homicide with a controlled substance
- Delivering a drug, real or imitation, to someone under 18 by someone over 18
- Involving a minor in a drug deal
- Manufacturing methamphetamine
- Delivering heroin, methamphetamine, a Schedule I or II narcotic, or flunitrazepam from Schedule IV to someone under 18
- Delivering a narcotic from Schedule III, IV, or V or a nonnarcotic from Schedule I-V other than flunitrazepam or methamphetamine to someone under 18 and three years junior
- Possessing chemicals with intent to manufacture methamphetamine
- Selling controlled or counterfeit substances
Drug-Related Enhancements
While the drug sentencing chart is used as a general guide, there are some scenarios that could lead to an enhanced penalty. If the crime happened in a protected zone, a jail, or in front of a minor, the prison sentence could be longer than the maximum time listed.
Protected Zone
Offenses committed in protected zones have 24 months added to the presumptive sentence. Protected zones include:
- Schools
- School buses
- 1,000 foot radius of a school bus route or school ground perimeter
- Public parks
- Public transportation
- Public transportation stops
- Designated drug-free civil centers or public housing project
- 1,000 foot radius of designated drug-free civil centers
Presence of a Child
Any offender convicted of manufacturing methamphetamine or possessing substances with the intent to produce methamphetamine while a minor is present will have 24 months added to their presumptive sentence.
Correctional Facility
Violations of the Uniform Controlled Substances Act occurring while in county jail or a state prison are subject to a penalty enhancement whereby additional time is added to the presumptive sentence range. Depending on the crime, the offender will face an enhancement of 12 to 18 months.
An offender could face an enhancement of 18 months if they:
- Manufacture or possess heroin or cocaine with intent to deliver
- Manufacture, deliver, or possess Schedule I or II narcotics (excluding heroin or cocaine) or flunitrazepam with intent to deliver
- Sell counterfeit or controlled substances
- Deliver or possess methamphetamine with intent to deliver
- Manufacture methamphetamine
- Manufacture, deliver, or possess amphetamine with intent to deliver
An offender could face an enhancement of 15 months if they:
- Manufacture, deliver, or possess a Schedule III-V narcotic or Schedule I-V nonnarcotic other than marijuana, amphetamine, methamphetamine, or flunitrazepam with intent to deliver
- Manufacture, deliver, or possess marijuana with intent to deliver
An offender could face an enhancement of 12 months if they:
- Possess heroin, a Schedule I or II narcotic, or flunitrazepam
- Possess phencyclidine
- Possess a narcotic from Schedule III-V or nonnarcotic from Schedule I-V (excluding phencyclidine)
Washington VUCSA offenses carry severe penalties. Let our lawyers fight to protect you from them. Call us today at (253) 300-3034 to discuss your case.