Melvin & Torrone

Criminal Defense

Drug Possession Defense Lawyers in Tacoma, WA

Drug possession laws in Washington State underwent a seismic shift in 2021 when the State Supreme Court struck down the felony drug possession statute as unconstitutional in State v. Blake. Thousands of people who were serving sentences or living with felony convictions for simple possession suddenly had their convictions vacated, their sentences erased, and their records cleared. The legislature responded by enacting new laws that treat simple drug possession as a misdemeanor for first and second offenses, emphasizing treatment and diversion over incarceration and punishment.

But make no mistake — drug possession charges still carry serious consequences. Third and subsequent possessions are gross misdemeanors. Any possession charge can trigger probation violations if you're on supervision for other offenses. Immigration consequences for non-citizens remain severe. Professional licenses are jeopardized. And if police find scales, baggies, large quantities, or evidence of sales, you'll be charged with possession with intent to deliver or delivery — felonies carrying years in prison.

Melvin & Torrone, PLLP defends clients facing drug possession charges throughout Pierce County. Our Tacoma drug possession defense attorneys understand Washington's new possession laws enacted post-Blake, the diversion programs now required for first and second offenses, the critical Fourth Amendment search and seizure issues that arise in most drug cases, and the distinction between simple possession and possession with intent to deliver.

Drug possession charges are defensible. We know how to challenge illegal searches, attack constructive possession theories, and fight for treatment over incarceration.

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Drug possession defense lawyer in Tacoma

Why Choose Melvin & Torrone for Drug Possession Defense?

Drug possession cases require attorneys who understand Fourth Amendment law, constructive possession theories, treatment alternatives, and the post-Blake legislative framework that fundamentally changed how these cases are charged and resolved.

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Constitutional Expertise

We excel at Fourth Amendment litigation — filing and winning illegal search and seizure motions that lead to dismissals.

Suppression Victories

We've won motions to suppress evidence leading to case dismissals across Pierce County courts.

Diversion Advocacy

We secure pre-filing diversion for first and second offenses, keeping charges off your record entirely.

Treatment Focus

We pursue DOSA, drug court, and deferred prosecution for clients with substance abuse issues — treatment over punishment.

Blake Relief

We've helped clients vacate old felony possession convictions and obtain refunds of fines and fees paid.

Reduction Negotiations

We reduce PWID to simple possession and felonies to misdemeanors when the evidence supports it.

Trial Experience

We try possession cases when prosecution won't offer a reasonable resolution. Prosecutors know that.

Dual Practice

Critical when possession charges overlap with probation violations, custody cases, and CPS investigations — we handle everything.

Compassionate Counsel

We understand addiction. We don't judge. We fight for treatment over punishment.

Local Knowledge

Daily practice in Pierce County courts. We know judges, prosecutors, diversion programs, and treatment providers.

State v. Blake: How Washington Drug Laws Changed

Understanding the Blake decision and its aftermath is essential to understanding current drug possession prosecutions in Washington.

The Old Law (Pre-2021) +

Former RCW 69.50.4013 made simple possession of any controlled substance a Class C felony:

  • Methamphetamine, heroin, cocaine possession = felony
  • Prison time possible (standard range months to years depending on offender score)
  • Felony record (employment barriers, housing denials, loss of rights)
  • Thousands prosecuted annually; thousands in prison

The statute contained no "knowledge" requirement — you could be convicted even if you didn't know the substance was in your possession (strict liability).

State v. Blake Decision (February 2021) +

Washington Supreme Court ruled the felony possession statute unconstitutional (State v. Blake, 197 Wn.2d 170 (2021)):

Holding

The statute violated due process (both Washington and U.S. Constitution) because it allowed conviction without proof of knowledge — you could be convicted of a felony even if you had no idea drugs were in your pocket, car, or home.

Rationale

Criminal convictions require culpable mental state (mens rea). Convicting someone who had no knowledge they possessed drugs violates fundamental due process.

Effect

  • Statute void from inception (never was constitutional)
  • All convictions under statute invalid
  • People currently serving sentences entitled to immediate release
  • People with prior convictions entitled to vacation of convictions and refund of fines/fees
The Legislative Response (RCW 69.50.4011) +

Legislature enacted new possession statute (effective May 2021, later amended):

New Structure

  • First offense: Misdemeanor (referral to treatment; minimal criminal consequences)
  • Second offense: Misdemeanor (less leniency than first; treatment still emphasized)
  • Third and subsequent offenses: Gross misdemeanor (up to 364 days jail)

Knowledge Requirement Added

  • Prosecution must prove you knowingly possessed controlled substance
  • Can't convict without proof you knew drugs were there

Treatment Emphasis

  • Statute requires diversion for first and second offenses (when eligible)
  • Substance abuse assessment mandatory
  • Treatment recommendations must be followed
  • Goal: Address addiction, not incarceration
Blake Relief: Resentencing & Refunds for Old Convictions +

If you were convicted of felony possession under the old statute, you're entitled to relief:

Available Relief

  • Vacation of conviction (conviction erased from record)
  • Immediate release (if currently incarcerated)
  • Resentencing (to time served or lesser sentence)
  • Refund of Legal Financial Obligations (LFOs) (fines, fees, costs paid)

Who Qualifies

  • Anyone convicted under RCW 69.50.4013 (former felony possession statute)
  • Convictions from any time period (1971 forward when statute enacted)

We Help Clients Obtain Blake Relief

  • File motions to vacate convictions
  • Petition for refunds of fines/fees paid
  • Clear criminal records of unconstitutional convictions

If you have an old drug possession conviction, contact us — you may be entitled to relief.

Current Washington Drug Possession Laws

The new possession framework prioritizes treatment and harm reduction while still holding people accountable for repeated possession.

What Qualifies as "Possession" (RCW 69.50.4011) +

Simple possession means knowingly possessing a controlled substance without valid prescription or authorization. "Possession" includes:

Actual Possession

Drugs on your person (in pocket, hand, clothing)

Constructive Possession

Drugs in area you control (your car, home, locker, backpack). You have knowledge of presence and ability to control.

Joint Possession

Multiple people with access to same drugs (shared apartment, vehicle). All can be charged (prosecution must prove each person's knowledge and control).

Knowledge Requirement

  • You must know substance is a controlled substance
  • Doesn't require knowing specific substance (knowing "it's meth" vs. "it's cocaine")
  • Just requires knowing it's an illegal drug
Controlled Substances Covered +

Schedule I & II Drugs (Most Serious)

Opioids: Heroin, Fentanyl, Oxycodone (OxyContin, Percocet), Hydrocodone (Vicodin, Norco), Morphine, Codeine — without prescription

Stimulants: Methamphetamine (meth, crystal meth), Cocaine (powder, crack), Amphetamines (Adderall) — without prescription

Hallucinogens: LSD (acid), Psilocybin mushrooms (magic mushrooms), MDMA (Ecstasy, Molly), PCP (angel dust)

Other: GHB (date rape drug), Ketamine

Schedule III-V Drugs

Anabolic steroids, Benzodiazepines (Xanax, Valium, Ativan, Klonopin), Sleep aids (Ambien), and other lower-schedule controlled substances — without prescription

Marijuana

  • Recreational marijuana is legal for adults 21+ (up to 1 oz possession)
  • Illegal for persons under 21 (any amount)
  • Illegal amounts for adults: Over 1 oz usable marijuana, over 16 oz marijuana-infused product in solid form, over 72 oz in liquid form, over 7 grams marijuana concentrate
  • Possession over legal limits = misdemeanor or gross misdemeanor
Penalties Under New Law +

First Offense (Simple Possession)

  • Misdemeanor (up to 90 days jail)
  • Reality: Jail rarely imposed for first offense
  • Diversion required (if eligible — prosecution must refer to treatment)
  • Fines up to $1,000
  • Mandatory substance abuse assessment
  • Follow treatment recommendations
  • Probation

Second Offense

  • Misdemeanor (up to 90 days jail)
  • Less leniency than first offense
  • Diversion may still be available
  • Treatment still central focus
  • May impose jail time if didn't complete treatment after first offense

Third Offense

  • Gross misdemeanor (up to 364 days jail)
  • Judges more likely to impose jail time (30-90 days common)
  • Treatment required
  • Probation with strict conditions

Fourth and Subsequent Offenses

  • Gross misdemeanor
  • Substantial jail time likely (60-180 days)
  • Intensive treatment required
  • Courts lose patience with repeat offenders who don't engage in treatment

Diversion Programs: Treatment Instead of Conviction

The current possession statute emphasizes diversion and treatment, particularly for first and second offenses where addiction rather than criminality is the core issue.

Pre-Filing Diversion (No Charges Filed) +

For first and second offenses, prosecution must offer diversion when you're eligible.

Process

  • Arrest or citation for possession
  • Prosecutor reviews case (determines it's first or second possession)
  • Diversion offered (referral to assessment and treatment)
  • You complete: substance abuse assessment (certified evaluator), follow assessment recommendations (may include outpatient counseling, intensive outpatient, inpatient treatment, support groups)
  • Period of time without new charges (typically 6-12 months)
  • Successful completion → charges never filed (no court case, no conviction, no criminal record)

Eligibility

  • First or second simple possession offense
  • No violent felony history
  • No pending felony charges
  • Willing to engage in assessment and treatment

If Diversion Fails

  • Didn't complete assessment or treatment
  • New criminal charges while in diversion
  • Charges formally filed; case proceeds in court
Court-Based Diversion (After Charges Filed) +

If you weren't offered pre-filing diversion or didn't complete it, some jurisdictions offer court-based diversion after charges are filed:

Drug Court

  • Specialized therapeutic court for substance abuse offenders
  • Intensive supervision, treatment, and monitoring
  • Regular court appearances (weekly initially; reduce as you progress)
  • Random drug testing (2-3x per week initially)
  • Sanctions for non-compliance (jail time for failed UAs or missed appointments)
  • Successful completion (12-18 months) → charges dismissed or reduced

LEAD (Law Enforcement Assisted Diversion)

  • Pre-booking diversion (police refer to services instead of arresting)
  • Case management, housing assistance, treatment
  • Harm reduction approach
  • Available in some Pierce County areas

Stipulated Order of Continuance (SOC)

  • Guilty plea held in abeyance
  • Complete treatment, stay clean, no new charges (6-24 months)
  • Successful completion → dismissal

Possession with Intent to Deliver (PWID): Felony Charges

When police find evidence suggesting you're distributing drugs rather than just using them personally, you'll be charged with possession with intent to deliver (PWID) — a serious felony carrying years in prison.

What Distinguishes PWID from Simple Possession +

Factors indicating intent to deliver:

Quantity

  • Amount exceeds personal use (e.g., 10+ grams meth, ounce of heroin, 100+ pills)
  • Multiple types of drugs (suggests dealing, not personal use)

Packaging

  • Individual baggies or bindles (packaged for sale)
  • Scales (digital scales for weighing)
  • Baggies, packaging materials in quantity
  • "Corners" or small packages typical of street sales

Cash

  • Large amounts of cash (especially small bills)
  • Cash in multiple locations (pockets, car, home)

Communications

  • Text messages about sales ("You got any?" "Come through," "How much for a ball?")
  • Calls or texts with drug code words
  • Multiple phones or burner phones

Other Factors

  • Paraphernalia absence: No pipes, syringes, or personal use paraphernalia (suggests not using, just selling)
  • Location: High drug trafficking area, near schools or parks (drug-free zones)
  • Prior sales: Surveillance showing prior hand-to-hand transactions, informant purchases, undercover operations
  • Testimony: Officer's expert testimony ("Based on my training and experience, this is consistent with distribution")
Defending PWID Charges +

Challenge "intent to deliver":

Quantity for Personal Use

  • Addicts often possess large quantities for binge use
  • Buying in bulk to avoid frequent purchases
  • Expert testimony (addiction specialist: quantity consistent with severe addiction and personal use)

Packaging Explained

  • You bought drugs already packaged (dealer packaged them, not you)
  • Organized for personal use (separate daily amounts)

No Evidence of Sales

  • No witnesses to sales
  • No surveillance of transactions
  • No undercover purchases
  • No customer lists, ledgers

Cash & Messages Explained

  • Legitimate source (payday, withdrew from bank, payment for work)
  • Small bills from tips, cash-based job
  • Code words have alternative meanings
  • Messages from other people, not you
  • Old messages from before you stopped using/selling

Goal: Reduce PWID to simple possession. Negotiate with prosecutor (reduce felony to misdemeanor). Argue quantity and evidence consistent with personal use. Avoid prison time; obtain treatment-focused resolution.

Types of Drug Possession Cases

Drug possession charges arise in countless contexts, each presenting unique defense opportunities based on how the drugs were discovered and what evidence connects them to you.

Traffic Stop Possession +

Most common scenario: Police stop your vehicle for a traffic violation (speeding, equipment violation, weaving). During the stop, the officer claims to smell marijuana (or "raw drugs"), searches the vehicle, and finds drugs in the center console, glove box, under the seat, or in the trunk.

Defense Focus: Fourth Amendment (Illegal Search)

  • Was search constitutional?
  • Did officer have probable cause to search? (odor of marijuana alone may not be sufficient post-legalization)
  • Did you consent to search? (consent must be voluntary; can be withdrawn)
  • Was search incident to arrest lawful? (officer must have probable cause for arrest first)
  • Did officer exceed scope of consent? (you agreed to check trunk; officer searched closed containers)

Whose Drugs Were They?

  • Passengers in vehicle (drugs belonged to them, not you)
  • Borrowed vehicle (owner's drugs left in car)
  • Constructive possession (you didn't know drugs were there)

If search was illegal → evidence suppressed → case dismissed.

Search Warrant Cases +

Police execute search warrant at your residence based on informant tip, surveillance, or investigation and find drugs in your home.

Defense Focus: Validity of Warrant

  • Affidavit supporting warrant (did it establish probable cause?)
  • Informant reliability (confidential informant credible? Track record? Corroboration?)
  • Staleness (information in affidavit too old to support current probable cause?)
  • Particularity (was warrant specific about place to be searched, items sought?)

Was Search Executed Properly?

  • Scope of search (did police search areas not covered by warrant?)
  • Damage or destruction (excessive force; property destroyed unnecessarily)
  • Items seized (took items not listed in warrant)

Constructive Possession in Shared Residence

  • Other people live there (roommates, family)
  • Drugs in common areas (living room, kitchen, bathroom)
  • Can't prove drugs were yours (could belong to anyone with access)

If warrant invalid or search improper → suppression → dismissal.

Consent Search Cases +

Police ask permission to search your vehicle, residence, or person. You consent; drugs found.

Was Consent Truly Voluntary?

  • Police coercion, intimidation, threats ("If you don't consent, we'll get a warrant and tear your car apart")
  • Implied consequences ("It'll go easier if you just let us search")
  • Duress (multiple officers, aggressive posture, late at night, isolated location)
  • Language barriers (didn't understand you were consenting)
  • Mental state (intoxicated, mentally ill, didn't comprehend)

Scope of Consent

  • You consented to limited search (trunk only; officer searched entire vehicle)
  • You withdrew consent (told officer to stop; officer continued)

Third-Party Consent

  • Roommate, family member consented to search (did they have authority to consent to search of your private areas?)
  • Girlfriend consented to search your apartment (did she have authority if she doesn't live there?)

If consent invalid or exceeded → suppression.

Search Incident to Arrest +

Police arrest you for another offense (DUI, warrant, assault), then search your person, your vehicle (if arrested from vehicle), and the area within your immediate control. Drugs found during search.

Was Arrest Lawful?

  • Did officer have probable cause for arrest?
  • If arrest was unlawful (no probable cause, illegal stop) → search incident to arrest also unlawful → suppression

Was Search Within Proper Scope?

  • Search incident to arrest limited to: person (for weapons, evidence, contraband) and area within immediate reach
  • Doesn't allow search of entire vehicle, trunk, locked containers (unless other justification)

If search exceeded lawful scope → suppression.

Plain View Cases +

Officer sees drugs in plain view (on dashboard, on table during welfare check, in open container). No search required (plain view doctrine).

Requirements for Plain View

  • Officer lawfully present in location (invited in, executing warrant, exigent circumstances)
  • Drugs immediately apparent as contraband (obviously drugs, not lawful item)

Defense

  • Officer wasn't lawfully present (entered home without consent or warrant)
  • Drugs not immediately identifiable (had to manipulate, open container to determine what it was)
Probation/Parole Search +

If you're on probation or parole, search conditions allow warrantless searches by probation officer or police. Drugs found during compliance check.

Defense (Limited but Available)

  • Search conditions are broad (often allow searches of person, residence, vehicle at any time)
  • However, can challenge: Was search pursuant to legitimate probation purpose? (or was it pretextual criminal investigation?)
  • Did officer exceed scope of probation search authority?

Defending Drug Possession Charges

Drug possession cases are among the most defensible criminal charges because they so frequently involve constitutional violations, weak constructive possession theories, and factual disputes about knowledge and control.

Fourth Amendment Defenses (Illegal Search & Seizure) +

The strongest defense in most drug cases: If police obtained drugs through an illegal search, evidence gets suppressed and the case is dismissed.

Common Fourth Amendment Violations

  • No probable cause for search: Officer searched without warrant, consent, or justification. "Hunch" or "suspicion" not enough. Odor of marijuana alone may not justify search (post-legalization).
  • Illegal traffic stop: No reasonable suspicion for stop (pretextual stop). Traffic violation officer claims didn't occur.
  • Exceeded scope of consent: You consented to limited search (trunk only). Officer searched everything (entire vehicle, closed containers).
  • No exigent circumstances: Officer claimed emergency justifying warrantless search. No actual emergency existed.
  • Unlawful arrest: Arrested without probable cause. Search incident to unlawful arrest is also unlawful.
  • Protective sweep exceeded: Officer entered home for "safety sweep" (looking for other people). Searched beyond what protective sweep allows (opened drawers, containers).

CrR 3.6 Motion to Suppress

  • Evidentiary hearing held
  • Officer testifies about search
  • We cross-examine (expose constitutional violations)
  • Present evidence (video, witnesses)
  • Judge rules on suppression motion

If granted → evidence excluded → prosecution can't use drugs at trial → case dismissed.

Constructive Possession Defenses +

When drugs are found in a location you had access to (car, home, shared space) but not on your person, prosecution must prove you knew drugs were there and had control over them.

Defenses

  • Lack of knowledge: You didn't know drugs were there. Someone else put drugs in your car, room, property without your knowledge. Borrowed car; owner's drugs left in vehicle. Shared residence; roommate's drugs.
  • Lack of control: Drugs in area you don't control (roommate's bedroom, passenger's bag). Multiple people have access (can't prove drugs were yours vs. others'). Temporary guest (at friend's house; not your drugs).
  • Other people present: Passengers in vehicle (drugs could belong to any of them). Roommates, family members in residence. Visitors who had access.
  • Evidence someone else's: Drugs found with other person's items (in their bag, jacket pocket). DNA or fingerprints (if tested — often they're not). Admissions by others ("Those are mine, not his").
Lack of Knowledge Defense +

Even actual possession can be defended if you didn't know the substance was an illegal drug.

Scenarios

  • Someone put drugs in your pocket without your knowledge (slipped into coat pocket, backpack)
  • Thought substance was something else (believed it was aspirin, sugar, vitamins)
  • Found substance; didn't know what it was

Burden

Prosecution must prove you knew it was a controlled substance. Circumstantial evidence typically used (you possessed drugs commonly used recreationally; amount consistent with use; drug use history).

Defense Evidence

  • No drug use history
  • No paraphernalia for use
  • Legitimate explanation for possessing substance
Lab Analysis Challenges +

Prosecution must prove the substance is actually a controlled substance.

Testing Requirements

  • Crime lab must test substance
  • Chemist identifies substance (methamphetamine, heroin, etc.)
  • Chemist testifies at trial (or report admitted)

Challenges

  • Chain of custody: Evidence properly maintained from seizure to lab to court? Gaps in documentation (who handled, when, where). Potential for contamination, switching, loss.
  • Lab procedures: Testing performed properly? Equipment calibrated and maintained? Chemist qualified and certified?
  • Quantity: Amount of substance (less than measurable amount may not support charges). Residue only (trace amounts in pipe, baggie — may not be sufficient).

We demand full lab reports, chain of custody documentation, and a qualified chemist to testify (not just lab report). If chain of custody broken or testing improper → evidence unreliable → reasonable doubt.

Possession of Drug Paraphernalia

Separate misdemeanor charge for possessing items used to consume, inject, or package controlled substances.

What Qualifies as Paraphernalia (RCW 69.50.102) +

For Consumption

  • Pipes (glass pipes, meth pipes, crack pipes, bongs)
  • Syringes, needles (for injection)
  • Spoons (for heating/dissolving drugs)
  • Tourniquets (for injection)
  • Straws, rolled bills (for snorting)

For Packaging/Dealing

  • Scales (digital scales for weighing)
  • Baggies in quantity (small ziplock bags)
  • Cutting agents (substances to dilute drugs)

Other

  • Items with drug residue (pipes with meth residue, spoons with heroin residue)
  • Many paraphernalia items are legal to possess for legitimate purposes (syringes for diabetics, scales for cooking). Becomes illegal when used or intended for use with controlled substances.
When Paraphernalia Is Charged & Penalties +

When Charged

  • Alongside possession: Drugs found + paraphernalia found together. Both charges filed.
  • Without possession: No drugs found (or trace amounts insufficient for possession charge). Residue in pipe, spoon, syringe. Paraphernalia charge based on residue or intended use.
  • Enhancement for delivery: Large quantities of baggies, scales. Suggests dealing, not just using.

Penalties (Misdemeanor)

  • Up to 90 days jail
  • Fines up to $1,000
  • Treatment
  • Probation

Reality: Often dismissed when possession charge is main focus; prosecutors use as leverage in plea negotiations.

Defenses

  • Legitimate purpose: Syringes for legitimate medical use (diabetic, prescription injections). Scales for cooking, crafts, other lawful uses. Items don't actually qualify as paraphernalia under statute.
  • No knowledge: Didn't know items were in your possession (found in borrowed car, shared space).
  • Lack of residue: No drug residue found (item never actually used with drugs). Testing wasn't done.
  • Constructive possession: Items in shared space (not yours; belonged to roommate, passenger).

Collateral Consequences of Drug Convictions

Drug convictions create far-reaching consequences beyond criminal penalties, affecting nearly every aspect of your life.

Employment Consequences +

Background checks reveal drug convictions. Employers routinely reject applicants with drug history. Positions of trust particularly affected (finance, healthcare, education, government).

Professional Licenses

  • Nurses: License suspension or revocation (drug convictions trigger mandatory reporting to Nursing Commission; discipline proceedings)
  • Teachers: Certification revoked or suspended
  • CDL holders: Disqualified from commercial driving
  • Pharmacists, pharmacy techs: License discipline
  • Social workers, counselors, therapists: License suspension
  • Contractors, real estate agents, insurance agents: License discipline

Drug-Free Workplace Policies

  • Federal contractors (must maintain drug-free workplace)
  • Transportation industry (DOT regulations)
  • Healthcare facilities
  • Schools
Housing Consequences +
  • Landlords screen for criminal history — reject applicants with drug convictions
  • Evict tenants arrested for drug possession

Public Housing

  • Drug convictions disqualify from subsidized housing (Section 8, public housing)
  • "One strike" policies (single drug offense = lifetime ban in some cases)

Homelessness risk: Can't find housing due to conviction. Can't afford market-rate housing without subsidies. Cycle of instability perpetuates addiction.

Immigration Consequences (Non-Citizens) +

Drug convictions are particularly dangerous for immigration status.

"Controlled Substance Offense" = Deportable

  • Any drug conviction (except single marijuana possession under 30 grams) makes non-citizen deportable
  • Includes simple possession of any controlled substance
  • Lawful permanent residents (green card holders) deportable
  • Visa holders lose status

Inadmissibility

  • Can't reenter U.S. after travel abroad
  • Can't adjust status to permanent residence
  • Future visa applications denied
  • Few waivers or exceptions for drug offenses

Even Marijuana

Legal in Washington, but still federally illegal. Marijuana possession can trigger immigration consequences (though single marijuana possession under 30 grams may be an exception).

We coordinate with immigration attorneys for non-citizen clients (evaluate immigration consequences before accepting any plea).

Financial Aid Consequences +

Drug convictions while receiving federal aid can suspend eligibility for Pell Grants and federal student loans. Must complete approved drug rehabilitation program to regain eligibility.

Duration of Suspension

  • Possession: 1 year (first offense), 2 years (second), indefinite (third)
  • Sales/delivery: 2 years (first), indefinite (second)
Child Custody Consequences +

Drug convictions used in family court:

  • Other parent argues drug use makes you unfit
  • Supervised visitation ordered
  • Drug testing required (random UAs)
  • Restrictions on parenting time

CPS Involvement

  • Drug conviction (especially if children present during arrest) triggers CPS investigation
  • Dependency proceedings possible
  • Removal of children if ongoing drug use
Probation & Supervised Release +

If on probation/community custody for other offense:

  • Drug possession = probation violation
  • Revocation hearing held
  • Original sentence imposed (could be years in prison)

Even arrest (without conviction) can violate probation condition: "No new criminal law violations." Arrest triggers violation (even if charges later dismissed).

Treatment Alternatives: DOSA, Drug Court, Deferred Prosecution

For people with substance abuse disorders, Washington offers several alternatives to traditional sentencing that prioritize treatment over incarceration.

Drug Offender Sentencing Alternative (DOSA) — RCW 9.94A.660 +

Applies to felony drug convictions — delivery, PWID, manufacturing.

Eligibility

  • Convicted of drug offense (not simple possession — for higher-level drug crimes)
  • Offender score 9 or less
  • Non-violent offense
  • Standard sentencing range 12+ months

How DOSA Works

  • Serve half of prison sentence in DOC custody
  • Transfer to residential drug treatment (3-6 months in treatment facility)
  • Serve remainder on community custody with intensive supervision, treatment, drug testing

Benefits

  • Reduced prison time
  • Treatment addressing addiction
  • Supervised reentry to community

If violated: Sent to prison for remainder of original sentence.

Drug Court +

Specialized therapeutic court:

Eligibility

  • Drug-related offense (possession, delivery if non-violent)
  • Substance abuse disorder
  • Willing to engage in intensive treatment

Program (12-24 Months)

  • Intensive treatment: Inpatient or intensive outpatient initially; step down as progress
  • Frequent court appearances: Weekly (initially) → monthly (as progress)
  • Random drug testing: 2-3x per week initially
  • Sanctions: Failed UAs, missed appointments, violations = jail time (short stays)
  • Rewards: Progress celebrated (reduced testing, less supervision, graduation ceremony)

Successful Completion

  • Charges dismissed or reduced
  • No conviction (in some courts)
  • Felony reduced to misdemeanor (in others)

Drug court is difficult but effective: High accountability, strong support, evidence-based treatment, peer support.

Deferred Prosecution — RCW 10.05 +

Available for possession charges (misdemeanor or felony).

Requirements

  • Offense substantially caused by substance abuse or mental health disorder
  • No prior deferred prosecution (one per lifetime)
  • Agree to 2 or 5-year treatment and monitoring

Process

  • Petition court for deferred prosecution
  • Undergo evaluation (substance abuse or mental health)
  • Guilty plea entered but held in abeyance (not entered on record)
  • Complete treatment program (2-5 years)
  • Comply with all conditions (abstinence, treatment attendance, no new crimes)
  • Successful completion → charges dismissed

If Violated

  • Deferred prosecution revoked
  • Guilty plea entered
  • Sentenced on original charge

Best for: People genuinely committed to recovery, severe addiction requiring intensive treatment, willing to abstain for years.

Special Issues in Drug Possession Cases

Certain circumstances create unique legal issues or defense opportunities that require specialized approaches.

Prescription Drug Possession Without Valid Prescription +

Charged when possessing prescription medications (opioids, benzos, stimulants, sleep aids) without valid prescription in your name.

Common Scenarios

  • Buying prescription pills on the street
  • Taking pills from family member's prescription
  • Possessing pills after prescription expired or was cancelled
  • Doctor shopping (obtaining prescriptions from multiple doctors)

Defenses

  • Valid prescription: You have prescription in your name. Prescription current and valid. Possessing quantity consistent with prescription.
  • Mistake of fact: Believed you had valid prescription. Doctor told you prescription was valid (but wasn't).
  • Lawful possession: Pills in original prescription bottle (even if not your name, may show legitimate medical use). Medical necessity (rare defense; requires evidence).
Marijuana Possession (Post-Legalization) +

Adults 21+ Can Legally Possess

  • 1 oz usable marijuana
  • 16 oz marijuana-infused products (solid form — edibles)
  • 72 oz marijuana-infused liquid
  • 7 grams marijuana concentrate

Over these amounts = misdemeanor or gross misdemeanor.

Persons Under 21

  • Any amount illegal (including possession, consumption)
  • Minor in Possession (MIP) charges
  • Penalties similar to alcohol MIP

Marijuana DUI

Driving with THC over 5.0 ng/mL. See our DUI defense page for comprehensive coverage.

Drug-Free Zones (Enhanced Penalties) +

Possession or delivery within 1,000 feet of:

  • Schools (K-12, community colleges, universities)
  • School bus stops
  • Public parks, playgrounds
  • Public transit centers
  • Public housing
  • Civic centers

Enhanced Penalties

  • Additional jail time
  • Increased fines
  • Harsher sentencing

Defense

  • Challenge measurement (was location actually within 1,000 feet?)
  • Lack of knowledge (didn't know you were near school, park)
Possession with Children Present +

Aggravating factor when children present during possession, use, or manufacturing. Drugs accessible to children.

Consequences

  • Enhanced criminal penalties
  • CPS involvement (child protective services investigation)
  • Dependency proceedings (removal of children)
  • Custody restrictions in family court
Fentanyl Cases (Increasing Danger) +

Fentanyl possession cases treated more seriously: extremely dangerous (lethal in minute quantities), often mixed with other drugs (users don't know fentanyl is present), and overdose risk is severe.

Prosecutorial Approach

  • Aggravated circumstances (even for simple possession)
  • Enhanced charges if large quantity
  • Public safety emphasis

Defense Considerations

  • Addiction (fentanyl highly addictive; treatment needed)
  • Lack of knowledge (didn't know substance was fentanyl vs. heroin or oxycodone)

Serving Tacoma & Pierce County

Courts

  • Pierce County Superior Court (felony PWID, delivery, manufacturing)
  • Pierce County District Court (misdemeanor possession, paraphernalia)
  • Tacoma Municipal Court
  • Lakewood Municipal Court
  • All Pierce County municipal courts

Cities We Serve

Tacoma Lakewood Puyallup University Place Fife Fircrest Bonney Lake Sumner Gig Harbor Edgewood Parkland Spanaway Graham South Hill Frederickson Midland Elk Plain

Treatment Providers We Work With

  • Greater Lakes Mental Healthcare
  • Comprehensive Life Resources (CLR)
  • Metro Treatment Center (MAT)
  • TAFY (Tacoma Area Youth & Family Services)
  • Local drug courts and diversion programs

Office: 950 Pacific Ave, Suite 720, Tacoma, WA 98402

Drug Possession Defense FAQ

Is drug possession still a felony in Washington?

No. After State v. Blake (2021), Washington's felony possession statute was struck down as unconstitutional. The new law makes first and second possession offenses misdemeanors, with third and subsequent offenses charged as gross misdemeanors. However, possession with intent to deliver (PWID) and drug delivery remain felonies.

Can I get my old drug possession conviction erased?

Yes, if you were convicted under the old felony possession statute (RCW 69.50.4013). Under State v. Blake, you're entitled to have the conviction vacated (erased) and receive refunds of any fines and fees paid. We help clients obtain Blake relief.

Will I go to jail for drug possession?

For first and second offenses, jail is rare. The law emphasizes diversion and treatment. Prosecutors must refer eligible defendants to assessment and treatment rather than jail. Third and subsequent offenses can result in jail time (30-180 days). The focus is on treatment, not incarceration.

Can police search my car if they smell marijuana?

It's complicated. Post-legalization, the odor of marijuana alone may not establish probable cause to search because possession is legal for adults 21+. However, if the officer has additional factors suggesting illegal possession (under 21, amount over legal limit, DUI), a search may be justified. We challenge searches based solely on marijuana odor.

What is the difference between simple possession and possession with intent to deliver?

Simple possession means having a controlled substance for personal use. Possession with intent to deliver (PWID) means the state believes you intended to sell, distribute, or deliver the substance to others. PWID is a much more serious charge — a class B or class C felony depending on the substance — carrying potential prison sentences of 5 to 10 years. The state typically infers 'intent to deliver' from the quantity, packaging materials, scales, large amounts of cash, communications about drug sales, or the presence of multiple baggies.

Can I get drug charges dismissed through drug court?

Drug court is a specialized therapeutic court that offers an intensive, supervised treatment program as an alternative to traditional prosecution. Participants undergo substance abuse treatment, regular drug testing, court check-ins, and counseling over a period of 12 to 24 months. Successful completion can result in charges being dismissed or reduced. Pierce County operates a drug court program, and eligibility depends on the nature of the charge, criminal history, and the defendant's willingness to participate in treatment.

What is deferred prosecution for drug charges?

Under RCW 10.05, a defendant with a substance use disorder may petition for deferred prosecution. The defendant enters a court-approved treatment program lasting at least two years. If they complete the program, the charge is dismissed. Deferred prosecution is available only once in a lifetime and requires a formal evaluation by a treatment provider. It is a powerful tool for avoiding a conviction while addressing the underlying substance use issue.

Will a drug conviction affect my employment or professional license?

Yes. A drug conviction — even a misdemeanor — can affect employment in healthcare, education, law enforcement, government, transportation, and many other fields. It can trigger professional licensing consequences, disqualify you from certain jobs, affect security clearances, and create immigration consequences for non-citizens. This is why pursuing dismissal, reduction, or treatment alternatives is so important even for seemingly minor drug charges.

Charged with Drug Possession? Act Now.

Your Defense Starts Today

A drug possession charge doesn't have to mean a conviction. We know how to fight these cases — from challenging illegal searches to securing treatment-focused resolutions. The sooner your defense begins, the more options you have. Contact Melvin & Torrone for an immediate, confidential consultation.

Schedule Your Free Consultation

What to Bring to Your Drug Defense Consultation

Documents
  • Arrest paperwork and citation
  • Police reports (if available)
  • Bail or release conditions
  • Search warrant (if one was used)
  • Lab test results (if available)
  • Old conviction records (for Blake relief)
Information
  • How drugs were discovered (search details)
  • Whether you consented to any search
  • Whether you made any statements to police
  • Prior criminal history (if any)
  • Current probation/parole status
  • Immigration status (if non-citizen)
  • Professional licenses at risk

The information on this page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by visiting this website. Each case is unique, and past results do not guarantee future outcomes. Melvin & Torrone, PLLP is licensed to practice in Washington State. Our attorneys regularly appear in Pierce County Superior Court, District Court, and municipal courts throughout Pierce County. Contact Melvin & Torrone at (253) 327-1280 for a consultation regarding your specific situation.