Violation of the Uniform Controlled Substances Act

(VUCSA)

Drug or "controlled substance" offenses in Washington fall primarily within Title 69 or the Revised Code of Washington, know as Violation of the Uniform Controlled Substances Act, or VUCSA for short. There are zillions ways to commit a VUCSA offense, but the vast majority of offenses fall within three categories: possession, manufacture, or delivery.

Possession of a Controlled Substance

This is the most common charge filed involving drugs. Possession of cocaine, heroin, all opiates, hallucinogens, meth, and many other pharmaceutical drugs are all felonies. There is only one exception; Possession of less than 40 grams of Marijuana is a misdemeanor. Marijuana is considered an hallucinogen, like peyote, mescaline, and LSD. Possessing more than 40 grams of marijuana is a felony.

With the exception of marijuana, the amount of controlled substance possessed does not matter; a person can be charged with possessing cocaine if there is enough burnt residue in a "crack pipe" to test positive for the presence of cocaine. At the same time, a person simply caught with an ounce of meth and nothing more will also be charged with felony possession of a controlled substance despite the large amount. Both would be subject to the same penalty. Go figure....

Depending on your prior felony criminal history, the penalties for possession can range anywhere from no jail time up to 24 months in jail.

For an update on recent legal issues involving the legalization of marijuana, click on the marijuana leaf logo above or go to norml.org.

Manufacture of a Controlled Substance

The two most common types of manufacturing cases involve meth labs or marijuana grow operations. Although both constitute manufacturing, the insidious nature of methamphetamine and the danger posed to the public and the environment by the use of toxic precursor chemicals in it's production result in far more serious penalties than are levied against a person with an indoor or outdoor marijuana garden.

Manufacturing methamphetamine or possessing precursor chemicals(ephedrine, anhydrous ammonia, pseudoephedrine) with intent to manufacture methamphetamine carries a minimum penalty of 51 months in prison, and a maximum of 120 months.

Manufacturing marijuana is considered a much less serious offense, as it should be. In fact, it should not be a crime at all. This offense is punished at the same level as a possessory offense; anywhere from no jail time up to 24 months.

If you've been charged with Manufacture, you're facing stiff penalties and you need an experience attorney immediately. Call (877)242-4808 toll free for a free initial consultation!

Delivery of Possess With Intent to Deliver A Controlled Substance

Delivery of a controlled substance has nothing to do with sales, making a profit, or the amount of the substance delivered. If you give a friend some heroin or peyote as a gift, you are still guilty of delivery even though it costs you money! You do not have to be "selling" a controlled substance to be charged with delivery, although by and large this is the most common scenario. In fact, if the delivery statute were enforced literally, a crack user who passes his crack pipe to another user while smoking has technically "delivered" cocaine to another!

Delivery of narcotics such as cocaine, heroin, other opiates, or methamphetamine can bring penalties anywhere from 12 to 120 months in prison. Delivery of marijuana carries the same penalty as manufacturing or possession with intent to deliver, no jail or up to 24 months in prison.

Possession With Intent to Deliver

This offense, for virtually all controlled substances, carries the same penalties as for Delivery, as set forth above. Possession with Intent does not depend on the quantity of drugs seized, although this is a factor. To show Possession with Intent, there must exist other indicators of an intent to deliver to others, such as individualized bags or bindles; scales and measuring devices, customer lists; cutting agents like mannitol for "stepping on" or diluting pure cocaine; or other items indicating an intent to deliver to others.

If you are charged with a drug offense of any sort, you need a good criminal defense attorney immediately! Call for a free consultation NOW at (877)242-4808.

Don't become a victim or a prisoner in this misguided War! Get legal help today!