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Is a charge of "manufacture and delivery of controlled substance" one or two seperate charges? WA state

Bellingham, WA |

If convicted, is it one sentence or two? Also, what is the likely sentence of this crime for an individual who has a history of marijuana possession charge that was reduced to disorderly conduct? Location: Washington state.

Attorney Answers 2

Posted

Washington State has adopted the Uniform Controlled Substances Act at RCW 69.50. http://apps.leg.wa.gov/RCW/default.aspx?cite=69.50. The charging document should specify the number and description of charges. The sentence you get depends on the severity of the crime and the seriousness of your prior offenses. RCW 9.94A.525 (http://apps.leg.wa.gov/rcw/default.aspx?cite=9.94A.525).
"Manufacture" of a Schedule I controlled substance can get you 10 years and a $25,000 fine. RCW 69.50.401.
Disorderly conduct is a misdemeanor (RCW 9A.84.030).
I think the presumptive sentence would be 26 - 34 months.

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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Posted

The above answer is, unfortunately, not entirely correct. While the charge is a class B felony which has a statutory maximum of 10 years, felony sentences in Washington State are based on specific guidelines which provide have sentencing ranges determined by a person's offender score. A person's offender score is determined by his or her criminal history. Most prior felony convictions count as one point each toward your score. Some, however, count as two or three points, depending on the prior conviction(s) and/or the circumstances of the current charge. In the situation you described above, neither a misdemeanor possession of marijuana charge nor a disorderly conduct conviction would not count as a point toward your offender score. You should speak with a lawyer who could properly advise you about your particular situation.

But for the charge of manufacturing, delivering, or possessing with intent to deliver a controlled substance, the sentencing ranges depend on what the drug was --specifically, whether it was marijuana or something else. If it was mj, the ranges are 0 - 6 months if you have 0 - 2 points; 6-18 months if you have 3-5 points; and 12-24 months if you have 6+ points. If it was a drug other than mj (meth, cocaine, heroin) the sentencing ranges are more significant: 12-20 months if you have 0-2 points; 20-60 months if you have 3-5 points; and 60-120 months if you have 6+ points.

And the charge "manufacture, deliver, or possess with intent to deliver" is typically one charge if it was just one alleged incident and one drug. But it's would be multiple charges if there were different alleged incidents of delivery, possession, and/or multiple different drugs.

Good luck.

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