Drug Possession Lawyer in Tacoma

A drug possession charge can impact your future—get the legal help you need

Facing drug possession charges can be daunting, especially within the distinct legal environment of Tacoma, Washington. The Revised Code of Washington (RCW) establishes drug possession laws that affect how cases are prosecuted locally. 

The statutes in Washington are stringent, with penalties intensifying based on the type and quantity of drug involved. Additionally, Tacoma's proximity to major transportation routes means law enforcement is particularly vigilant about monitoring potential drug trafficking activities. 

Navigating these regulations with an experienced drug possession lawyer in Tacoma ensures your rights are protected.

Speak with our drug possession lawyer in Tacoma today. Call (253) 300-3034 now or contact us online to schedule your free legal consultation—your defense starts here.

Understanding Drug Possession Charges in Washington State

In Washington State, drug possession charges are primarily governed by RCW 69.50, the Uniform Controlled Substances Act. This act classifies controlled substances into Schedules I through V, with Schedule I drugs having the highest potential for abuse and no accepted medical use (e.g., heroin, LSD), and Schedule V drugs having the lowest.

Gross Misdemeanor Possession (SB 5536)

Following the State v. Blake decision in 2021, which found Washington's strict liability drug possession law unconstitutional, the state passed new legislation (SB 5536 in May 2023) that fundamentally changed how simple drug possession is prosecuted.

Currently, it is a gross misdemeanor to:

• Knowingly possess a controlled substance: This is the most common charge for simple possession. Crucially, the prosecution must now prove that you knew you possessed the controlled substance. This does not apply to marijuana, which is legal in Washington within specified limits.
• Knowingly use a controlled substance in a public place: This new provision aims to address public drug use.

Penalties for Gross Misdemeanor Drug Possession

• First Offense: Up to 180 days in jail and a fine of up to $1,000. The statute encourages law enforcement and prosecutors to offer pretrial diversion to available treatment programs, especially for non-violent offenders.
• Subsequent Offenses: Up to 364 days in jail and a fine of up to $1,000.

What about Marijuana? 

Washington was one of the first states to legalize recreational marijuana. As of 2024, adults 21 and over can legally possess:

• Up to one-half ounce of usable cannabis (marijuana)
• Eight ounces of cannabis-infused solid product
• 36 ounces of cannabis-infused liquid product
• 3.5 grams of cannabis concentrate

Possession within these limits is not a violation of any law. However, possession of more than these limits can still lead to misdemeanor charges (e.g., possession of up to 40 grams of marijuana is a misdemeanor). Sales or transfers outside of licensed retailers are also illegal. A knowledgeable drug possession lawyer in Tacoma can clarify the legal limits and implications.

More Serious Drug Possession Charges (Felonies)

While simple possession is now a gross misdemeanor, drug possession can still be charged as a felony in Washington under certain circumstances:

Possession with Intent to Deliver/Distribute (RCW 69.50.401)

This is a much more serious offense. The prosecution must prove two elements:

• You were in possession of a controlled substance.
• You had the intent to deliver or distribute that substance to another person.

Penalties: This is classified as either a Class B Felony or a Class C Felony, depending on the type of drug.

• Class B Felony: For Schedule I or II narcotics (e.g., cocaine, heroin, opium, methamphetamine, fentanyl, amphetamines) or flunitrazepam. Punishable by up to 10 years in prison and/or a fine of up to $25,000.
• Class C Felony: For other Schedule I, II, III, IV, or V substances. Punishable by up to 5 years in prison and/or a fine of up to $10,000. For anyone facing these severe charges, a seasoned Tacoma drug possession attorney is absolutely essential.

Possession of Drug Paraphernalia (RCW 69.50.412)

This involves possessing items used to cultivate, manufacture, compound, ingest, or otherwise introduce controlled substances into the human body.

Penalties: Use or simple possession of drug paraphernalia is a misdemeanor, punishable by up to 90 days in jail and/or a $1,000 fine.

Possession of Prescription Drugs Without a Valid Prescription

Possessing controlled substances (like opioids or tranquilizers) without a valid prescription from a medical practitioner is illegal. The severity of the charge depends on the drug schedule and quantity.

Understanding the specific section of the RCW under which you are charged, and the type of drug involved, is crucial for developing an effective defense. Your Tacoma drug possession attorney will meticulously analyze the charges against you.

Common Consequences of Drug Possession in Washington

Drug possession charges in Washington can lead to serious consequences, including fines, probation, and incarceration. The severity of penalties often depends on the substance, quantity, and defendant's prior criminal history. 

Additionally, a conviction can affect immigration status, lead to a loss of public housing, and affect eligibility for federal student aid. The ramifications extend beyond the legal system, impacting personal relationships and community standing. 

Collateral consequences such as loss of employment and educational opportunities highlight the importance of a strong defense. Taking action early with informed legal support can mitigate these impacts significantly, potentially diverting first-time offenders into rehabilitation programs that focus on recovery rather than punishment.

What to Expect in Tacoma Courts

Understanding Tacoma's court procedures can alleviate some of the uncertainty involved in defending drug possession charges. Cases are typically processed in the Pierce County Superior Court, where procedural nuances can influence the course of your defense. 

Familiarity with this court's specific procedures, coupled with an understanding of the prosecution's approach, enables our drug possession attorneys in Tacoma to anticipate challenges and strategize effectively. Our longstanding relationships with court personnel and other attorneys help us navigate this environment more effectively, advocating strongly for our clients. 

We aim to provide clarity by explaining each step of the legal process, what to expect at hearings, and how to handle interactions with law enforcement and court officials, ensuring our clients are never navigating these complexities alone.

How We Handle Drug Possession Cases in Tacoma

Our approach at Hester Law Group is tailored to the local context and specificities of Tacoma's judicial landscape. Our drug possession attorneys in Tacoma are skilled in assessing each case's unique factors, addressing both legal and personal dimensions. 

A critical component of our strategy is a thorough examination of how evidence was obtained, ensuring that your Fourth Amendment rights against unlawful search and seizure are upheld. Our team is adept at identifying procedural errors or rights violations that could lead to case dismissals or reduced charges. 

We also understand the significant stress these charges can cause, and we work not only to build a strong defense but to ensure our clients' mental and emotional well-being throughout the process. By prioritizing personal privacy and focused representation, we align our services with client needs and expectations, recognizing that each case demands its own nuanced approach.

Why Trust Hester Law Group With Your Defense?

With over 130 years of combined legal experience, Hester Law Group offers unmatched legal representation for those charged with drug possession in Tacoma. Our team, recognized with a 10.0 Superb Avvo Rating and accolades from Best Lawyers in America, is renowned for its effectiveness and discretion. 

Each case is unique, requiring personalized defense strategies tailored to the specifics of the charge and the client's circumstances. This individualized attention ensures that our clients are not just another file number, but individuals with specific needs and concerns. 

We provide an initial free consultation to offer accessible legal guidance to all prospective clients, giving them a clear understanding of potential legal avenues and the implications of their charges. This approach empowers our clients, helping them make informed decisions about their legal futures.

Take the Next Step Toward Relief

Facing drug possession charges can be overwhelming, but you don’t have to navigate this alone. By reaching out to Hester Law Group, you connect with a dedicated team committed to alleviating your burden and working toward a favorable outcome. Our empathetic, personalized approach means you’ll receive the support and counsel necessary to understand your case and options fully.

Contact us today for a free consultation at (253) 300-3034. Let us help you safeguard your future and rights, leveraging our extensive legal experience and proven success in Tacoma courts.