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Possession of a Controlled Substance
RCW: 69.50.4013
Elements of the Crime & PC Checklist
Essential facts to establish probable cause.
Required Elements
- The defendant knowingly possessed a controlled substance.
- Unless the substance was obtained directly from, or pursuant to, a valid prescription.
Probable Cause Checklist
- Identify the substance.
- Field test the substance (if applicable and per policy).
- Evidence showing the suspect knowingly possessed the substance (in their pocket, in their exclusive control).
- Rule out valid prescription.
- Note that post-State v. Blake, this offense is a gross misdemeanor for the first two convictions, and charging may be deferred to services.