12/18/2025
Washington State Penalties (Olympia, WA)
In Washington, unauthorized possession of any controlled substance, including Schedule III drugs, is a Class C felony. Penalties can include:
Imprisonment: Up to five years in prison.
Fine: A fine of up to $10,000, or both.
However, recent legislation (ESB 5476) has amended the simple possession statutes to classify such offenses as misdemeanors, punishable by up to 90 days in jail, a $1,000 fine, or both. Prosecutors are encouraged to divert first and second offenses to assessment and treatment programs instead of jail time.
Federal Penalties
Under federal law, simple possession of a controlled substance is generally treated as a misdemeanor for a first offense. Penalties can include:
Imprisonment: Up to one year in prison.
Fine: A fine of at least $1,000 (but less than $10,000), or both.
Penalties increase significantly for subsequent offenses:
Second offense: 15 days to two years in prison and a minimum fine of $2,500.
Third or subsequent offense: 90 days to three years in prison and a minimum fine of $5,000.
In addition to criminal penalties, federal law can impose civil penalties of up to $10,000 and may result in the loss of federal benefits, such as student loans or public housing assistance.
