Call or Text Us 24/7
Call or Text Us 24/7 888-212-4824 or Text Us 24/7
Last updated on March 14, 2025
Are you or somebody you love facing unjust drug possession charges? If so, we have much needed good news for you: Vindicate Criminal Law Group’s drug possession lawyers in Seattle are standing by, ready to handle your legal defense. Whether you are dealing with misdemeanor drug charges or a more serious drug possession felony, you can rest assured that our team has successfully handled similar cases before
Our drug possession lawyers know better than anyone that there are two categories of drug possession under Federal Law: Simple possession and possession with intent to distribute. The consequences of the two charges vary greatly.
Simple possession means that an individual is in possession of drugs or other controlled substances, but for personal use only. These charges tend to be less severe than possession with intent to distribute, which could potentially come with a felony charge and jail time.
Intent to distribute means that law enforcement officials determined that the individual was likely to sell or share the drugs in question. This is determined by measuring the quantity of drugs on hand, in addition to using evidence like scales and plastic baggies as proof of intent to distribute.
Drug possession can also be classified under the categories, “Actual Possession” and “Constructive Possession,” which are ways of defining where the drugs in question are located. Contact our drug possession attorneys for help defending yourself against any type of drug possession charge
Actual possession typically means that the illegal substances were found on your person —like in your pocket, for example. Additionally, this means that you are physically in control of the drugs and know that they were there.
Constructive possession means that the defendant has access and control over the drugs in question; however, they may not necessarily have them on their person at the time of arrest. Hiding drugs in your sock drawer, for example, is considered constructive possession.
In Washington state, felony drug possession applies when someone unlawfully possesses a controlled substance listed under the Uniform Controlled Substances Act (VUCSA). Controlled substances entail illegal drugs such as heroin, cocaine, methamphetamine and certain prescription medications when possessed unlawfully.
Drug offenses become a felony if the amount exceeds personal use thresholds, prior criminal history exists or the substance is in certain locations (for example, near schools). Notably, while marijuana has been legalized in Washington state, possession of amounts exceeding legal limits or involvement in unauthorized distribution can still result in criminal charges.
The penalties for drug possession charges in Washington state vary based on the severity of the offense, the specific controlled substance involved and the individual’s prior criminal history.
Legal representation is critical to negotiate reduced charges or seek dismissals.
Federal drug possession charges are prosecuted under the Controlled Substances Act and generally involve cases with specific aggravating factors, such as possession on federal property or interstate drug trafficking.
The consequences of federal convictions are often more severe than state-level offenses. They are influenced by factors like the type and quantity of the drug, prior criminal history, and the presence of aggravating circumstances. Potential penalties include:
Federal cases require a drug crime attorney familiar with federal courts and negotiation tactics.
Schedule I: Drugs with high potential for abuse that have no accepted medical indications.
Examples:
Schedule II: Commonly abused drugs with high likelihood of causing physical dependence
Examples:
Schedule III: Drugs with moderate to low potential for abuse and physical dependence.
Examples:
Schedule IV: Drugs with low potential for abuse; many frequently prescribed medications.
Examples:
Schedule V: Drugs with the lowest potential for abuse compared to other classifications.
Examples:
If you are facing unjust felony drug possession charges, you need to take action — Vindicate Criminal Law Group’s experienced Seattle drug possession lawyers have the resources you need to start building a defense. With the help of our distinguished drug possession attorneys, you could potentially have your case dismissed before ever setting foot in a courtroom. Contact us today for your confidential case evaluation, or at 253-300-4762, and our drug possession lawyers will review the circumstances of your charges.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Attorney Carrie J. Fulton-Brown, who has vast legal experience as a criminal defense attorney.