Possession of Drug Paraphernalia in Washington is a simple misdemeanor, punishable by up to 90 days in jail and a $1000 fine. Unlike some more serious charges, a conviction for Possession of Drug Paraphernalia carries with it a mandatory minimum jail time of a day, plus a mandatory minimum fine of $250 ($500 if there has been a previous conviction). If convicted, a person can also expect to be required to seek drug and alcohol treatment.
The definition of “Drug Paraphernalia” is quite expansive, and basically includes any device used to introduce illegal substances in the body. It includes pipes, needles, and vaporizers. In theory, it is illegal to have a marijuana pipe even if one has a medical prescription for marijuana.
Specifically, RCW 69.50.102 says “drug paraphernalia” means all equipment, products, and materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.
The lawyers at Ashbach Law Offices, LLC provide aggressive, strong defense for those charged with possession of drug paraphernalia offenses throughout Skagit, Snohomish, King and Whatcom Counties. Our goal is to aggressively protect you, your family and your interests from the prosecution, saving jail time, licenses, occupations and reputations. With offices in Marysville and Mill Creek, Washington, we are available to meet you discuss your case. We help good people in bad situations. Let us help you.
State Law – Use of Drug Paraphernalia
Drug Paraphernalia is an extremely expansive term, and as defined by statute is open-ended, which may make it subject to constitutional challenges in certain situations.
In general, Drug Paraphernalia is anything used in the consumption, producing, packing, storing or introducing into the human body, a controlled substance. Drug Paraphernalia can include pipes, needles, pill-cutters and ordinary, everyday containers.
Under Washington State law, it is the “use” of drug paraphernalia that is criminalized. RCW 69.50.412 states that it is unlawful for any person to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance.
Use of Paraphernalia is a simple misdemeanor, punishable by up to 90 days in jail and/or a $1000 fine.
State Law – Delivery, Possession with Intent to Deliver, and Manufacture of Drug Paraphernalia
Similar to the Use prohibition is the prohibition that makes it unlawful to deliver, possess with intent to deliver or manufacture with intent to deliver drug paraphernalia knowing that it will be used for drug purposes. Delivering, possessing with intent to deliver or manufacturing drug paraphernalia where one should reasonably know that it will be used for drug purposes is similarly prohibited.
Violating this section of the law is also a simple misdemeanor.
Delivery to Persons Under 18
If a person 18 years or older delivers drug paraphernalia to a person under 18, and the age difference between the two is more than three years, such delivery is punishable as a Gross Misdemeanor. The maximum for such a conviction is 364 days in jail and/or a $5000 fine.
City and County Ordinances and Laws
Many cities, municipalities and counties have enacted laws that outlaw the simple possession of drug activity. Such criminal allegations are typically Simple Misdemeanors. Washington courts have typically held these to be valid.
Ashbach Law Offices, LLC, aggressively represents clients throughout the Washington I-5 corridor, covering Skagit, Snohomish, King and Whatcom Counties. Regular courts of practice include, but are not limited to, Anacortes, Arlington, Bellevue, Bellingham, Blaine, Burlington, Edmonds, Everett, Issaquah, Lynnwood, Marysville, Monroe, Mount Vernon, Mountlake Terrance, Redmond, Seattle, Sedro Woolley and Shoreline.