Washington law makes it a crime for you to sell for profit any controlled substance that has a high potential for abuse, such as heroin or LSD. The offense is a severe felony (as opposed to a misdemeanor) that can result in a state prison term of up to five years. Please contact a skilled criminal defense attorney now if you or a loved one is facing any type of criminal charge involving a controlled substance.

What is the Washington Law on Selling a Schedule I Drug?

RCW 69.50.410 is the Washington statute that sets forth the law on selling a Schedule I drug. Per this law, you commit an offense if you sell for profit any controlled substance or counterfeit substance classified in Schedule I.

A “Schedule I drug” is defined by the United States Drug Enforcement Agency (DEA) as any drug or other substance that has a high potential for abuse. Examples include:

  • Heroin,
  • LSD,
  • 3,4-methylenedioxymethamphetamine (ecstasy),
  • Methaqualone, and
  • Peyote.

For purposes of this statute, “for profit” means the obtaining of anything of value in exchange for a controlled substance.

Please note that there is an exception under RCW 69.50.410. This exception says that you are not guilty of a crime if you sell for profit any leaves or flowering tops of cannabis.

What are the Penalties?

Selling a Schedule I drug in Washington is charged as a Class C felony. A conviction of the offense is punishable by:

  • Up to five years in state prison, and/or
  • A maximum fine of $5,000.

Can a Defendant Raise a Legal Defense?

Yes. You have the right to challenge a charge under RCW 69.50.410 with a legal defense. A common defense is to show that you did not sell a Schedule I drug for anything of value. You can also contest a charge by showing that the controlled substance involved in your case was not a Schedule I drug.

Further, your criminal defense attorney can try to beat a case by proving that the authorities somehow violated your rights. Maybe, for example, the police:

  • Coerced a confession,
  • Arrested you without probable cause, or
  • Conducted an unlawful search and seizure.

If any of the above, your defense lawyer can try to have your charges reduced or even dropped.

Contact Black & Askerov for Help

While a defendant can raise a legal defense to challenge a charge of selling a Schedule I drug, it will take a skilled criminal defense attorney to raise the best defense. The experienced criminal defense attorneys at Black & Askerov have over 30 years of combined experience defending clients on a wide variety of controlled substance charges. Our Seattle criminal defense lawyers also have the skill and commitment that makes all the difference in these cases. Contact us now to get the legal help you deserve!

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