It is a drug crime under Washington law if you manufacture or distribute an imitation controlled substance. The offense is a serious felony punishable by a state prison term of up to five years. If you or a loved one has been charged with a crime in Washington, please contact a skilled criminal defense attorney now for help.
Is it a Crime in WA to Make a Fake Drug?
It can be. RCW 69.52.030 is the Washington statute that sets forth the law on making and distributing an imitation drug. Per this section, you commit a crime if you:
“manufacture, distribute, or possess with intent to distribute, an imitation controlled substance.”
A “controlled substance” under Washington law is a drug or chemical that is regulated by the United States under the Controlled Substances Act. Examples of a controlled substance include:
- Cocaine,
- Heroin,
- Crack,
- LSD, and
- Peyote.
What are the Penalties?
A violation of the above statute is a Class C felony. The crime is punishable by:
- Custody in state prison for up to five years, and/or
- A maximum fine of $10,000.
Note that it is a Class B felony if you:
- Are over the age of 18, and
- Distribute an imitation controlled substance to a minor (or a person under the age of 18).
A Class B felony is punishable by:
- A state prison term of up to 10 years, and/or
- A maximum fine of $20,000.
Can a Defendant Raise a Legal Defense?
Yes. You can challenge an RCW 69.52.030 charge with a legal defense. A common defense is for a defendant to show that he/she was not technically “making,” “distributing,” or “possessing” a fake drug. If you were in possession of an imitation controlled substance, you can also contest a charge by saying you did not have the intent to distribute the substance.
People accused of this crime can also raise a defense that points a finger at the police. For example, you can always challenge a crime by showing that law enforcement:
- Stopped you without probable cause, or
- Conducted an unlawful search and seizure (for example, a search without a warrant).
If any of the latter are successful, a judge would likely reduce your charge or dismiss it in its entirety.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge an imitation controlled substance charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced attorneys at Black & Askerov have over 30 years of combined experience defending clients on drug-related charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!
