The Washington State Patrol Crime Lab has already undergone a 6% budget cut this year and despite backlogs of up to a year due to a shortage of staff, Washington State lawmakers are proposing an additional budget cut of 10% for the 2011 fiscal year. Crime Lab managers have determined that a 10% budget cut would result in six lab workers throughout the state being laid off and that the state crime lab will no longer analyze controlled substances in cases of simple possession.
This additional budget cut means that when a police officer pulls over someone for a traffic infraction and the driver is not impaired, but the officer does notice small amounts of drugs in the car; the officer will confiscate the drugs, but the drugs will no longer be analyzed. Without a lab analysis, the chances of a prosecutor winning a conviction diminish greatly.
The crime lab would, however, still analyze small amounts of drugs when they are considered an aggravating factor to a crime, regardless of the budget cuts.
In Washington, possession of a controlled substance can be either a misdemeanor or felony. The U.S. Controlled Substances Act has defined what constitutes criminal violations for possession, manufacture and sale of drugs. Pursuant to state and federal laws a controlled substance can be: marijuana, cocaine, heroin, methamphetamines, illegally obtained prescription drugs, and barbiturates. In Washington State, if you are arrested for drug possession, you will often be charged under the Violation of Uniform Controlled Substances Act (VUCSA).
Possession of drugs, with intent to sell, is far more serious than simple possession. Charges are based on the amount of drugs in your possession, as well if there were other drug paraphernalia found (i.e. scales, large amounts of cash, or plastic bags.).
The severity of the punishment will depend on local, state and federal laws, as well as the type of drug involved, the quantity and the intent of the possession. If it is a first time offense the defendant may have options in terms of sentencing, so it is important to consult with an experienced criminal defense lawyer. Such alternatives can include entering a diversion program, first time offender waiver or participating in a Drug Offender Sentencing Alternative.
If you are worried that you may be facing a drug charge, it is important to know what consequences you may be facing and the options available to you. In order to find out more information, you can give my office a call and we will be more than happy to help you understand what charges you may be facing as well as the proactive steps you can take to help your situation.