Last verified: March 2026
Full Penalty Breakdown
Washington's cannabis penalties range from minor civil infractions to serious felonies. The most common violations and their consequences are outlined below.
| Offense | Classification | Penalty |
|---|---|---|
| Public consumption | Class 3 civil infraction | ~$50 fine |
| Recreational home cultivation | Class C felony | Up to 5 years / $10,000 |
| Selling without a license | Class C felony | Up to 5 years / $10,000 |
| Distribution to minors | Class B felony | Up to 10 years / $10,000 |
| Penalties near schools/parks | — | Double within 1,000 ft |
| DUI (first offense) | Gross misdemeanor | 24 hrs jail min, 1-yr interlock |
| DUI (3rd in 10 years) | Felony | 90+ days imprisonment |
Public Consumption
Consuming cannabis in any public place or in view of the general public is a Class 3 civil infraction under RCW 69.50.445:
| Offense | Classification | Penalty |
|---|---|---|
| Public consumption | Class 3 civil infraction | Approximately $50 fine |
While the fine is relatively low, public consumption remains illegal and is enforced by local law enforcement. For a full guide on where consumption is and isn't allowed, see our Where You Can Consume page.
Unlicensed Cultivation (Recreational Users)
Home cultivation for recreational users is one of the most severely penalized cannabis activities in Washington:
| Violation | Classification | Penalty |
|---|---|---|
| Growing any number of plants (recreational user) | Class C felony | Up to 5 years in prison, $10,000 fine |
This is a felony charge regardless of the number of plants. A single plant in your closet carries the same classification as a large-scale operation. Only medical patients with a valid authorization or recognition card may grow cannabis at home. See our Home Cultivation Ban page for details.
Unlicensed Sales and Distribution
| Violation | Classification | Penalty |
|---|---|---|
| Selling cannabis without a WSLCB license | Class C felony | Up to 5 years in prison, $10,000 fine |
| Distributing cannabis to a minor (under 21) | Class B felony | Up to 10 years in prison, $10,000 fine |
Distribution to minors is treated far more seriously than other cannabis offenses. A Class B felony conviction carries up to 10 years in prison and significantly impacts employment, housing, and other aspects of life. This applies whether the distribution is commercial or social — giving cannabis to anyone under 21 is a Class B felony.
Penalty Doubling Near Protected Areas
Penalties for cannabis violations double within 1,000 feet of certain protected areas under Washington law:
- Schools and school grounds (K-12)
- Parks and playgrounds
- Public housing
- Public transit stops and centers
This enhancement applies to cultivation, distribution, and sale offenses committed within these zones. A Class C felony that normally carries up to 5 years and $10,000 would carry doubled penalties when committed within 1,000 feet of a school, park, public housing, or transit stop.
In urban areas like Seattle, Tacoma, and Spokane, the 1,000-foot zones around schools, parks, transit stops, and public housing overlap significantly. Many locations in city centers fall within at least one enhanced penalty zone. Violations in these areas face doubled consequences.
DUI Penalties
Cannabis DUI is governed by RCW 46.61.502. Washington's 5 ng/mL per se THC limit means exceeding the threshold is automatic evidence of impairment:
| Offense | Classification | Jail/Prison | Ignition Interlock | License Suspension |
|---|---|---|---|---|
| First DUI | Gross misdemeanor | 24 hours minimum (mandatory) | 1 year | 90 days–1 year |
| Second DUI | Gross misdemeanor | 30 days minimum (mandatory) | Extended | Extended |
| Third DUI (within 10 years) | Felony | 90 days minimum (mandatory) | Extended | Revocation |
A medical cannabis authorization is not a defense against DUI charges. For complete details on the 5 ng/mL standard and vehicle rules, see our DUI & Driving page.
Federal Land: All Cannabis Activity Is Illegal
Cannabis remains illegal under federal law. Within Washington, all cannabis activity — possession, consumption, and transportation — is prohibited on federal property, regardless of state law. Federal land in Washington includes:
- Mount Rainier National Park
- Olympic National Park
- North Cascades National Park
- National forests (Mt. Baker-Snoqualmie, Olympic, Gifford Pinchot, Okanogan-Wenatchee)
- Military installations (Joint Base Lewis-McChord, Naval Station Everett)
- Federal buildings (courthouses, post offices, VA facilities)
Violations on federal land are prosecuted under federal law, which carries its own penalty structure and does not recognize Washington's legalization.
Summary: Penalty Quick Reference
| Violation | Classification | Maximum Penalty |
|---|---|---|
| Public consumption | Class 3 civil infraction | ~$50 fine |
| Home cultivation (recreational) | Class C felony | 5 years prison, $10,000 fine |
| Selling without a license | Class C felony | 5 years prison, $10,000 fine |
| Distribution to minors | Class B felony | 10 years prison, $10,000 fine |
| First DUI (5+ ng/mL THC) | Gross misdemeanor | 24 hrs jail min, 1-yr interlock, license suspension |
| Third DUI (within 10 years) | Felony | 90+ days prison, license revocation |
Remember: All penalties listed above double when the offense occurs within 1,000 feet of schools, parks, public housing, or public transit stops.
Official Sources
- RCW 69.50 — Uniform Controlled Substances Act
- RCW 69.50.445 — Public Consumption
- RCW 46.61.502 — Driving Under the Influence
- Washington State Liquor and Cannabis Board
For in-depth cannabis education, dosing guides, safety information, and research summaries, visit our partner site TryCannabis.org