What is the Difference Between Drug Possession and Drug Trafficking?

What is the difference between drug possession and drug trafficking? The difference between drug possession and drug trafficking lies in the intention behind the crime, the quantity of the drug involved, and the way the offenses are penalized. 

A skilled Seattle drug trafficking defense lawyer can help you understand what these and other factors can mean for your case and its outcome.

An Offender’s Intention and Involvement Vary between Drug Possession and Trafficking. 

Intention plays a big role in drug cases, and can make a difference when considering what an offender’s state of mind was when committing the drug crime in question. For example, a lack of intention may denote limited to no involvement in the drug crime. Prosecutors will often try to demonstrate these qualities in a case, while your defense lawyer will argue a lack of intent as part of your defense.

Drug possession often involves a much more limited degree of intent. While some individuals may intentionally possess a drug in a limited amount, other individuals may be in the vicinity or share ownership of an area without directly possessing drugs. This is known as actual versus constructive possession. These factors may be closely scrutinized in a drug possession case.

Drug trafficking involves intentionally manufacturing, possessing, and distributing drugs. This involves active engagement in the crime, which typically results in a more serious offense and subsequent penalties. As such, intention is typically clearer in these cases and allows prosecutors to better tie an individual’s activity and involvement to the alleged drug trafficking crime.

Drug Quantity and Type Distinguish Drug Possession Charges from Trafficking Charges

Drug quantity is a significant differentiating factor between drug possession and drug trafficking. This can make a difference in charges, the handling of your case, and the outcome you may receive. Drug sentencing is often dependent on the quantity of the drug involved in the crime.

When considering this difference between drug possession and trafficking, it is evident that there is more at stake with more drugs.  

Possession charges are usually issued when an individual has a controlled substance on their person or in their area of control that is for personal use.

This means that a limited amount of the drug is likely to be found during an arrest. However, the type of drug possessed can still influence charges and sentencing. For example, a Schedule I controlled substance may be treated more harshly than a Schedule V drug. 

Because the drug is being distributed, drug trafficking often involves a moderate to large quantity of drugs. Interstate or international trafficking operations generally include very large quantities of drugs. Similar to possession charges, the type of drug paired with significant quantities can elevate the seriousness of the offense. Trafficking large quantities can also put more of the public at risk.

How Drug Possession and Drug Trafficking are Penalized in Washington 

Penalties can vary drastically for drug possession and trafficking charges. When factoring in intention and drug quantity, these two offenses stand out from one another in their severity. As such, they are categorized and penalized differently. The specific penalty you may receive in either category is influenced by the type and quantity, as well as the intention and involvement in the crime. 

Drug possession is often classified as a gross misdemeanor, according to RCW 69.50.4013. While this can vary to some extent, offenders are most likely to receive up to 180 days in jail and/or a fine of up to $1,000. Repeat offenders may receive up to 364 days in jail and a fine not to exceed $1,000. 

On the other hand, drug trafficking often involves a larger, structured operation. Given these factors, drug trafficking is generally considered a class B or C felony offense, per RCW 69.50.401.

Offenders may receive five to 10 years in prison and up to $25,000 in fines. Federal charges can increase these penalties significantly. The penalties for federal crimes can reach up to 40 years and $10 million for trafficking

Strong Defenses Are Important When You’re Up Against Drug Possession or Trafficking Charges in Washington

Regardless of which charge you may be facing, it’s essential to hire an experienced lawyer to help you with your defense. A strong defense strategy can make or break your case, whether you are facing possession or drug trafficking charges. Defenses will likely target the elements discussed here since they are central to demonstrating or discrediting your overall involvement in either offense. 

Defenses that are commonly used in these cases may include demonstrating a lack of intention, possession, knowledge, or involvement in a drug crime. With sufficient evidence, these arguments can help undermine the prosecution’s case and reduce potential charges and sentencing. Constructive possession and a lack of paraphernalia may also be used as a defense in your case. 

Additionally, there may be times when law enforcement uses illegal search and seizure methods or entrapment to collect evidence or arrest you. Evidence may also be tampered with, or procedures may not be properly followed. When any of these situations occur, lawyers can weave these into their defense strategy and file motions to get applicable evidence suppressed or charges thrown out.  

Collateral Consequences from These Drug Crimes May Vary

Criminal charges can often have collateral consequences and impact your relationships, ability to find employment, secure housing, and so on. 

While drug possession charges may result in fewer collateral consequences than drug trafficking, it’s still important to talk to your lawyer about what to expect. 

Puget Law Group Defends You Against Drug Crime Charges

Puget Law Group protects your rights and defends you when you’ve been charged with a drug crime. Drug possession and drug trafficking are both treated seriously in Washington, and we make sure you receive due process to ensure the most favorable outcome. 

To understand the outlook for your case and your legal rights, contact our firm today to schedule a free consultation with our experienced team.