Special "Delivery"

So-- "Delivery": what is it (at least in terms of Washington State drug law), why is it important, and why am I writing a blog post about it?

Drugs in Washington State are controlled under the Uniform Controlled Substances Act, RCW ch. 69.50, which regulates stimulants, opiates, hallucinogenics, depressants, and (perhaps surprisingly, until you think about it) counterfeit substances. It covers four basic types of crimes: delivery, manufacture or possession with intent to deliver, manufacture or possession, and possession without a valid prescription. All of these are felonies, with the exception of possession of 40 grams or less of marijuana.

"Delivery" is the most counter-intuitive of these. It is not restricted to what we might normally think of as "drug trafficking"; no money, favors, or any other trade is necessary. All that is necessary is the "actual or constructive transfer" of a controlled substance from one person to another. RCW 69.50.101(f). This could mean sharing a controlled substance, it could mean selling that substance, or it could mean stashing that substance someplace a friend is sure to find it.

The reason this is so screamingly important is the effect it has on marijuana. As I mentioned above, America's favorite illegal herb is unusual in that Washington law doesn't take it terribly seriously if you don't have very much of it. However, the law that makes possessing 40 grams or less of marijuana a misdemeanor (RCW 69.50.4014) doesn't apply to its delivery (or its growth or sale), so passing it to a friend, even if you don't get paid, is a much higher-level crime.

It's a peculiar quirk: having the joint is a misdemeanor. Casually passing it around seems to create a very non-casual, class-C felony-sized issue.