Revised Code of Washington
Wash. Rev. Code § 9.94A.518 (2026)
✓ current as of May 2026
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TABLE 4 | ||
DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
III | ||
Controlled Substance Homicide (RCW 69.50.415) | ||
Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2)) | ||
Involving a minor in drug dealing (RCW 69.50.4015) | ||
Manufacture of methamphetamine (RCW 69.50.401(2)(b)) | ||
Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406) | ||
Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406) | ||
Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (*RCW 69.50.440) | ||
Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410) | ||
II | Create or deliver a counterfeit controlled substance (RCW 69.50.4011(1)(a)) | |
Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(2)(b)) | ||
Delivery of a material in lieu of a controlled substance (RCW 69.50.4012) | ||
Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(1)(f)) | ||
Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(2)(b)) | ||
Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(2)(a)) | ||
Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1)) | ||
Possess, purchase, deliver, sell, or possess with intent to sell a tableting machine or encapsulating machine (RCW 69.50.418) | ||
I | Forged Prescription (RCW 69.41.020) | |
Forged Prescription for a Controlled Substance (RCW 69.50.403) | ||
Unlawful Use of Building for Drug Purposes (RCW 69.53.010) |
[ 2023 c 66 s 2; 2022 c 16 s 5; (2022 c 16 s 4 expired July 1, 2023); 2021 c 311 s 15; 2003 c 53 s 57; 2002 c 290 s 9.]
Notes:
*Reviser's note: cf. 2002 c 134 s 1.
Short title—2023 c 66: See note following RCW 69.50.418.
Effective date—2022 c 16 ss 5, 9, 86, and 88: See note following RCW 69.50.4013.
Expiration date—2022 c 16 ss 4, 8, 85, and 87: See note following RCW 69.50.4013.
Intent—Finding—2022 c 16: See note following RCW 69.50.101.
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Notes of Decisions
Cited in 19
cases (3 in the last 5 years), 2010–2024 · leading case: State v. Sibert, 230 P.3d 142 (Wash. 2010).
State v. Sibert, 230 P.3d 142 (Wash. 2010). “Under RCW 9.94A.518, Sibert’s convictions did not have a seriousness level of II with respect to all controlled substances to which former RCW 69.”
State v. McGrew, 234 P.3d 268 (Wash. Ct. App. 2010). “McGrew acknowledges that delivery of cocaine with a deadly weapon enhancement is a level III offense because RCW 9.94A.518 defines a felony offense under chapter 69.”
State v. Peterson, 498 P.3d 937 (Wash. 2021). “RCW 9.94A.518. With the penalty provision of RCW 69.”
State Of Washington, V Johnny Ray Cyr, 441 P.3d 1238 (Wash. Ct. App. 2019). “RCW 9.94A.518. Under the drug sentencing grid, a defendant with an offender score of 5 who is convicted of an offense with 2 Cyr had no prior conviction of sale of a controlled substance for profit in violation of RCW 69.”
State v. Cyr, 461 P.3d 360 (Wash. 2020). “RCW 9.94A.518. Step Three. Determine the offender score.”
State Of Washington v. Jerry L. Peterson, 457 P.3d 480 (Wash. Ct. App. 2020). “410(3)(a) states that “[a]ny person convicted of . . . selling heroin shall receive a mandatory sentence of two years in a correctional facility of the department of social and health services[2] and no judge of any court shall suspend or defer the sentence imposed for such…”
State v. McGrew, 156 Wash. App. 546 (Wash. Ct. App. 2010). “McGrew acknowledges that delivery of cocaine with a deadly weapon enhancement is a level III offense because RCW 9.94A.518 defines a felony offense under chapter 69.”
State of Washington v. James Austin Yancey, 418 P.3d 157 (Wash. Ct. App. 2018). “James Yancey pled guilty to delivery of a Schedule III non-narcotic controlled substance under RCW 69.”
State v. Sibert, 230 P.3d 142 (Wash. 2010). “Under RCW 9.94A.518, Sibert's convictions did not have a seriousness level of II with respect to all controlled substances to which former RCW 69.”
State Of Washington v. Dylan Joseph Heckl (Wash. Ct. App. 2015). “RCW 9.94A.518. For a defendant like Heckl with an offender score of 5, the 68-month sentence imposed is at the low end of the standard range.”
State Of Washington v. Leonel Gonzalez (Wash. Ct. App. 2018). “RCW 9.94A.518. 20 No. 48850-7-II State v.”
State of Washington v. Felipe Mercado Barajas, Jr. (Wash. Ct. App. 2019). “Additionally, however, the State contends the issue is “moot” because the sentence would be the same with or without the correction.”
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