Washington State Law
Washington State Laws Regarding Minors in Possession (MIP) and use:
- Persons under the age of 21 may not acquire, possess, or consume alcohol. Nor may other persons furnish alcohol to anyone under 21 or permit underage consumption on premises within their control. Penalty: Maximum $500 fine, 2 months imprisonment, or both.
- Persons under 21 may not be in a public place or in a vehicle in public while exhibiting the effects of having consumed alcohol. A public place includes city streets and any buildings and grounds used for University purposes. Penalty: Maximum $500 fine, 2 months imprisonment, or both.
- Persons under 21 may not purchase or attempt to purchase alcohol. Penalty: Maximum $1,000 fine, 90 days imprisonment or both.
- Alcohol may not be opened or consumed in a public place. Penalty: Maximum $1,000 fine.
- It is unlawful to manufacture, deliver, or possess an illicit drug. Penalty: Maximum $10,000 fine, 5 years imprisonment, or both. The possession of 40 grams or less of marijuana is a misdemeanor (minimum $250 fine and not less than 24 hours in jail).
- It is unlawful to possess or use drug paraphernalia for purposes relating to the manufacture, delivery, possession, or use of an illicit drug. Penalty: Minimum $250 fine and not less than 24 hours in jail.
Washington State laws regarding driving:
- Any minor in possession (alcohol or drug) offense will result in loss of your driver's license for one year (1st offense) or for two years (2nd offense).
- Under age 21 Driving Under the Influence (DUI) with a .02-.07 BAC has the
- 1st Offense: 90-day license suspension, maximum 90 days in jail and $1,000 fine
- 2nd Offense: License revoked until age 21 or at least 1 year, maximum 90 days in jail and $1,000 fine
- Any age Driving Under the Influence (DUI) with a BAC of .08 or higher has the
- 1st Offense: 90-day license suspension, 1 day jail or 15-day electronic home monitoring, fines $8,125, possible ignition interlock
- 2nd Offense: License revoked for minimum of two years, minimum 30 days in jail and 60 days electronic home monitoring, fines $8,125, possible five year ignition interlock.
Washington State law regarding false identification:
- Possession of a false identification card is a misdemeanor. Penalty: Minimum $250 fine and 25 hours community service.
Washington State Drug Laws (RCW 69.50)
The following is a partial list of illicit drugs considered to be controlled substances by the State of Washington: Narcotics (opium and cocaine, and all drugs extracted, derived or synthesized from opium and cocaine, including crack cocaine and heroin); Methamphetamine; Barbiturates; and Hallucinogenic Substances (LSD, peyote, mescaline, psilocybin, PCP).
- State Penalties for Illegal Sale of Controlled Substances: The illegal sale of any controlled substance is punishable by up to 5 years in prison, $10,000 fine, or both.
- State Penalties for Illegal Manufacture or Delivery of Controlled Substances: Schedule I or II Narcotics or flunitrazepam - Up to 10 years in prison, $25,000 to $100,000 fine, or both. Any other controlled substances under Schedule I, II, III, IV or V, except flunitrazepam - Up to 5 years in prison, $10,000 fine, or both.
- State Penalties for Possession of Controlled Substances: Possession of any controlled substance is punishable by up to 5 years in prison, a $10,000 fine, or both.
More severe penalties are provided for persons convicted of providing controlled substances to minors, to repeat offenses and to offenses on or near schools or parks.
Special Note Regarding Marijuana: Marijuana remains illegal for minors (persons under 21 years of age) to possess, sell or use and is illegal to possess for a person of any age in amounts over 28.3 grams. Marijuana remains illegal under federal law and policies concerning marijuana at the College remain unchanged. It is illegal to produce, distribute or use marijuana on College property or during University-sponsored activities.
FEDERAL DRUG LAWS
The possession, use or distribution of illicit drugs is prohibited by federal law. Strict penalties are provided for drug convictions, including mandatory prison terms for many offenses. The following information, although not complete, is an overview of federal penalties for first convictions. All penalties are doubled for any subsequent drug conviction.
A. Denial of Federal Benefits (21 USC §862)
A federal drug conviction may result in the loss of federal benefits, including school loans, grants, contracts and licenses. Federal drug trafficking convictions may result in denial of federal benefits for up to five years for a first conviction, 10 years for a second conviction, and permanent denial of federal benefits for a third conviction. Federal drug convictions for possession may result in denial of federal benefits for up to one year for a first conviction and up to five years for subsequent convictions.
B. Forfeiture of Personal Property and Real Estate (21 USC §853)
Any person convicted of a federal drug offense punishable by more than one year in prison shall forfeit to the United States any personal or real property related to the violation, including houses, cars and other personal belongings. A warrant of seizure may be issued and property seized at the time an individual is arrested on charges that may result in forfeiture.
C. Federal Drug Trafficking Penalties (21 USC §841)
Penalties for federal drug trafficking convictions vary according to the quantity of the controlled substance involved in the transaction. The following list is a sample of the range and severity of federal penalties imposed for first convictions. Penalties for subsequent convictions are twice as severe. If death or serious bodily injury results from the use of a controlled substance that has been illegally distributed, the person convicted on federal charges of distributing the substance faces a prison term of not less than 20 years, but not more than life, and fines ranging up to $8 million. Persons convicted on federal charges of drug trafficking within 1,000 feet of a university (21 USC §860) face penalties of prison terms and fines which are twice as high as the regular penalties for the offense, with a mandatory prison sentence of at least one year.
D. Federal Drug Possession Penalties (21 USC §844)
See the Possession Penalties Chart- Appendix A for specific substance penalties
Persons convicted on federal charges of possessing any controlled substance face penalties of up to one year in prison and a minimum fine of $1,000, or both. Second convictions are punishable by not less than 15 days but not more than two years in prison and a minimum fine of $2,500. Subsequent convictions are punishable by not less than 90 days but not more than three years in prison and a minimum fine of $5,000.Special sentencing provisions for possession of crack cocaine impose a mandatory prison term of not less than five years but not more than 20 years and a minimum fine of $1,000, or both, if:
a. it is a first conviction and the amount of crack possessed exceeds 5 grams;
b. it is a second conviction and the amount of crack possessed exceeds 3 grams;
c. it is a third or subsequent crack conviction and the amount exceeds 1 gram.
Civil penalties of up to $10,000 may also be imposed for possession of small amounts of controlled substances, whether or not criminal prosecution is pursued. Special sentencing provisions for possession of Flunitrazepam (Rohypnol, "roofies" or "roaches") impose a prison term of not more than 3 years, a fine up to $5,000, or both.
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