Washington Marijuana Possession Penalties (2026)

Possession of marijuana / cannabis charges in Washington: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing marijuana possession charges in Washington, consult a licensed Washington criminal defense attorney.

Washington Marijuana Possession Penalties

AmountPenalty
Small AmountLegal (up to 1 oz)
Large AmountOver 40g: felony

Washington was first state to legalize recreational marijuana (2012)

Marijuana Possession Statute of Limitations in Washington

In Washington, the statute of limitations for felony drug charges is generally 3 years. Misdemeanor drug offenses carry a 2 years limit.

See all Washington statutes of limitations →

Defending Against Marijuana Possession Charges in Washington

Common defenses in Washington marijuana possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Washington criminal defense attorney for advice.

Related Washington Laws

DUI / DWI Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Stalking Embezzlement Money Laundering Public Intoxication