Washington criminal charge
Counterfeit substances in Washington
Counterfeit substances is a criminal offense under Washington law, defined by RCW 69.50.4011. Its classification is not fixed: Washington assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by RCW 69.50.4011.
How is counterfeit substances classified in Washington?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Creation or delivery of counterfeit narcotic (Schedule I/II) or flunitrazepam | Class B Felony | Applies when the violation of subsection (1)(a) involves a counterfeit substance classified in Schedule I or II that is a narcotic drug, or flunitrazepam classified in Schedule IV. | RCW 69.50.4011(2)(a) |
| Creation or delivery of counterfeit methamphetamine | Class B Felony | Applies when the violation of subsection (1)(a) involves a counterfeit substance that is methamphetamine. | RCW 69.50.4011(2)(b) |
| Creation or delivery of other Schedule I, II, or III counterfeit substance | Class C Felony | Applies when the violation of subsection (1)(a) involves any other counterfeit substance classified in Schedule I, II, or III. | RCW 69.50.4011(2)(c) |
| Creation or delivery of counterfeit Schedule IV substance (except flunitrazepam) | Class C Felony | Applies when the violation of subsection (1)(a) involves a counterfeit substance classified in Schedule IV, other than flunitrazepam. | RCW 69.50.4011(2)(d) |
| Creation or delivery of counterfeit Schedule V substance | Class C Felony | Applies when the violation of subsection (1)(a) involves a counterfeit substance classified in Schedule V. | RCW 69.50.4011(2)(e) |
| Possession or public use of counterfeit substance | Gross Misdemeanor | Applies to a violation of subsection (1)(b) (knowing possession) or (1)(c) (knowing public use) of a counterfeit substance. | RCW 69.50.4011(3)(a) |
Common questions about counterfeit substances in Washington
Is counterfeit substances a felony or a misdemeanor in Washington?
It depends on the circumstances: counterfeit substances ranges from a Gross Misdemeanor to a Class B Felony in Washington under RCW 69.50.4011.
Creation or delivery of counterfeit narcotic (Schedule I/II) or flunitrazepam: Class B Felony (RCW 69.50.4011(2)(a)) · Creation or delivery of counterfeit methamphetamine: Class B Felony (RCW 69.50.4011(2)(b)) · Creation or delivery of other Schedule I, II, or III counterfeit substance: Class C Felony (RCW 69.50.4011(2)(c)) · Creation or delivery of counterfeit Schedule IV substance (except flunitrazepam): Class C Felony (RCW 69.50.4011(2)(d)) · Creation or delivery of counterfeit Schedule V substance: Class C Felony (RCW 69.50.4011(2)(e)) · Possession or public use of counterfeit substance: Gross Misdemeanor (RCW 69.50.4011(3)(a))
Which Washington statute covers counterfeit substances?
Counterfeit substances is governed by RCW 69.50.4011 (Counterfeit substances—Penalties—Referral to assessment and services).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.