Drug Possession (PCS) Defense
Protecting your rights and future when facing drug possession charges in Clark County.
Free Case EvaluationPossession of a controlled substance (PCS) is one of the most common drug charges in Washington State. Whether you were found with marijuana, heroin, methamphetamine, cocaine, or another controlled substance, the consequences of a conviction can be severe. At the Law Office of Erin Bradley McAleer, we defend PCS charges aggressively in Clark County courts and throughout Southwest Washington.
Drug Possession Penalties Vary by Substance
Washington law treats different controlled substances with different levels of severity. Simple possession is generally a Class C felony carrying up to 5 years in prison and a $10,000 fine, but the specific substance, quantity, and your criminal history all affect the outcome. An experienced defense attorney can evaluate your situation and fight for the best result.
Marijuana Possession
40 Grams or Less
Possession of 40 grams or less of marijuana is classified as a misdemeanor under RCW 69.50.4014. Penalties include a minimum of 1 day in jail and a $250 fine, up to a maximum of 90 days in jail and a $1,000 fine per RCW 69.50.425. For individuals under 21, a conviction can result in a one-year driver's license suspension, though a petition for reinstatement may be filed after 90 days under RCW 69.50.420.
Over 40 Grams
Possession of more than 40 grams of marijuana is a Class C felony, carrying a maximum of 5 years in prison and a $10,000 fine. Larger quantities also create the risk of enhanced "intent to deliver" charges, which carry significantly increased penalties.
Cultivation, Delivery, and Sale
Cultivation, delivery, and sale of marijuana are all classified as Class C felonies, carrying a maximum of 5 years in prison and a $10,000 fine. Any amount of marijuana can trigger felony charges when delivery or cultivation is alleged.
Medical Marijuana Defense
RCW 69.51A provides a statutory defense for qualifying patients and providers. This defense requires physician authorization and valid identification. Only qualifying patients and designated providers are covered by this defense.
Heroin Possession
Simple possession of heroin is a Class C felony carrying up to 5 years in jail and a $10,000 fine. Larger amounts can trigger "possession with intent to deliver" charges. Because heroin qualifies as a "narcotic drug" under the VUCSA, manufacture, delivery, or intent to deliver is elevated to a Class B felony with penalties of up to 10 years in jail and a $25,000 fine.
Mandatory Minimums for Heroin Sales
A first conviction for heroin sale carries a mandatory minimum of 2 years imprisonment with a maximum of 5 years. A second sale conviction carries a mandatory minimum of 10 years. These mandatory minimums make experienced legal defense critical.
Methamphetamine Possession
Simple possession of methamphetamine is a Class C felony carrying up to 5 years in jail and a $10,000 fine. Possession with intent to deliver is a Class B felony punishable by up to 10 years in jail and a $25,000 fine. Intent to deliver is often established through circumstantial evidence such as scales, baggies, and large amounts of cash. Possession with intent to manufacture -- including possession of precursors like pseudoephedrine and ammonia solutions -- is also a Class B felony with the same penalties.
Cocaine Possession
Simple possession of cocaine is a Class C felony carrying up to 5 years in jail and a $10,000 fine. Because cocaine is classified as a "narcotic drug," manufacture, delivery, or intent to deliver is a Class B felony punishable by up to 10 years in jail and a $25,000 fine.
Crack Cocaine Mandatory Minimums
| Conviction | Quantity | Mandatory Sentence |
|---|---|---|
| First conviction | More than 5 grams | 5 to 20 years |
| Second conviction | More than 3 grams | 5 to 20 years |
| Third or subsequent | More than 1 gram | 5 to 20 years |
How We Can Help
- Challenging the legality of the search that discovered the drugs
- Pursuing diversion and treatment-based alternatives
- Disputing knowledge or control of the substance
- Qualifying clients for drug court programs
- Asserting medical marijuana defenses under RCW 69.51A
Contact Law Office of Erin Bradley McAleer today for a confidential consultation. Our attorneys will evaluate your case and fight for the best possible outcome.