Washington Law makes it a crime for you to distribute an imitation controlled substance to any person under the age of 18. Prosecutors typically charge this offense as a felony (as opposed to a misdemeanor) and a conviction can lead to a possible decade in state prison. Please contact a skilled criminal defense attorney now if you or a loved one is facing any type of controlled substance charge.
What is the Washington Law on Delivering an Imitation Controlled Substance to a Minor
RCW 69.52.030 is the Washington statute governing imitation controlled substances. Per this law, you are guilty of a crime if you:
- Are over the age of 18, and
- Deliver an imitation controlled substance to someone under the age of 18.
For purposes of this statue, an “imitation controlled substance” means a substance that is not a controlled substance, but which by appearance or representation would lead a reasonable person to believe that the substance is a controlled substance.
“Appearance” includes, but is not limited to, color, shape, size, and markings of the substance.
“Representation” includes representations or factors of the following nature:
- Statements made by an owner or by anyone else in control of the substance concerning the nature of the substance, or its use or effect,
- Statements made to the recipient that the substance may be resold for inordinate profit, or
- Whether the substance is packaged in a manner normally used for illicit controlled substances.
What are the Penalties?
A violation of RCW 69.52.030 is typically charged as a Class B felony. A conviction is punishable by:
- Custody in state prison for up to 10 years, and/or
- A maximum fine of $20,000.
Can a Defendant Raise a Legal Defense?
Yes. You have the right to challenge an imitation controlled substances charge with a legal defense. Recall that the law defines an “imitation controlled substance” in a very technical manner. A defense, then, is for you to show that the substance in question, by appearance or representation, did not amount to an imitation controlled substance.
Your criminal defense attorney can also attempt to prove that the police somehow violated your rights. For example, maybe the police:
- Arrested you without probable cause,
- Coerced a confession, or
- Conducted an unlawful search or seizure.
If any of the above, then your criminal defense lawyer can move to have your charges reduced or even dismissed.
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 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!
