How to Defend Against Possession, Trafficking, and Manufacturing Charges
May 14, 2025
When you're facing drug-related charges, the stakes are high. Whether you're dealing with allegations of possession, trafficking, or manufacturing, these cases can turn your life upside down. It's important to know that you're not alone.
Having a skilled and approachable drug attorney in Vancouver, Washington, by your side can be the key to turning things around.
Knowledge is power, so it pays to know key information about these different drug charges. Let’s learn more about drug crimes from an experienced Washington defense lawyer.
What Counts as a Drug Crime in Washington?
In Washington, drug crimes include a wide range of offenses. These are a few of the most common:
Drug possession – Simply having a controlled substance without a prescription can result in a criminal charge.
Drug trafficking – This involves the sale, transport, or distribution of illegal substances.
Drug manufacturing – Creating or producing drugs, whether in a lab or through other means, can lead to serious charges.
Each of these charges carries different penalties, and the facts of your case can make a big difference in the outcome.
An Overview of Possession Charges
Possession is one of the most common drug charges people face. In Washington, even a small amount of a controlled substance can lead to legal trouble. While the state has made changes to its drug possession laws recently—especially after the 2021 Blake decision—the law still treats certain kinds of possession very seriously.
A skilled drug attorney will dig into how the police found the drugs. Did they have probable cause? Was the search legal? Were your rights respected? These questions can be the difference between a conviction and a dismissal.
Trafficking: The High-Stakes Charge
Drug trafficking charges often carry the harshest penalties. Law enforcement agencies treat these cases as high priority, especially if they believe a large network is involved. But not every trafficking charge is what it seems.
Sometimes, people get swept up into a trafficking case just for being in the wrong place at the wrong time. Other times, a misunderstanding or false statement can escalate a situation into a major legal battle. A knowledgeable drug attorney will examine every detail and make sure your side of the story gets heard.
According to the U.S. Sentencing Commission, drug trafficking offenses accounted for 31.6% of all federal cases in 2022, making them the second most common type of federal crime.
Manufacturing Charges and What They Mean
Manufacturing drugs is another serious offense. This includes producing methamphetamine, growing marijuana (without a license), or altering substances in a way that creates illegal drugs. These charges often come with hefty fines and long prison sentences.
But again, just because you’ve been charged doesn’t mean you’re guilty. A skilled drug attorney will ask the right questions: Did you actually have the materials needed to manufacture drugs? Were you aware of their presence? Were you involved at all, or just near the scene?
Common Defenses in Drug Crime Cases
Every case is unique, but there are some common strategies that a drug attorney might use in your defense:
Lack of possession – You didn’t know the drugs were there or they didn’t belong to you.
Illegal search – The police didn’t follow the rules when they searched you, your home, or your vehicle.
Entrapment – Law enforcement pressured or tricked you into committing a crime.
Lab errors – The substance wasn't tested properly or wasn’t what the police claimed it was.
The right drug attorney will carefully go over the evidence, interview witnesses, and challenge every weakness in the case against you.
Penalties for Drug Crimes in Washington
Penalties vary depending on the type of drug, the amount, and whether there are any prior convictions. But here’s a general idea:
Possession – Up to 364 days in jail and a $5,000 fine for a misdemeanor.
Trafficking/Manufacturing – Can result in felony charges with sentences ranging from several years to life in prison, plus tens of thousands in fines.
Judges also have the discretion to consider alternatives, like drug court or treatment programs, especially for first-time offenders. A good drug attorney will fight for those options.
The Importance of Acting Quickly
Time matters. The sooner you contact a drug attorney, the better your chances. Evidence can get lost. Witnesses can forget. Prosecutors can get a head start. Having someone on your side early means you won’t miss important deadlines or opportunities to push back.
How Drug Charges Affect Your Life
Drug charges can follow you long after your case is over. A conviction can:
Make it harder to get a job
Affect your ability to rent an apartment
Interfere with child custody cases
Block you from getting professional licenses
That’s why it’s so important to fight back. A skilled drug attorney isn’t just working for a legal win—they’re working to protect your future.
Common Questions About Drug Charges in Vancouver, Washington
When you're facing drug charges, it's natural to have a lot of questions. The legal system feels overwhelming, and the stakes are high.
Below are some of the most common questions people ask when they're dealing with possession, trafficking, or manufacturing charges in Vancouver, Washington—including the surrounding areas of Clark County, Cowlitz County, Lewis County, and Wahkiakum County.
What’s the difference between possession, trafficking, and manufacturing?
Possession means having a controlled substance on your person, in your home, or in your vehicle. Even if you didn’t know it was there, you could still be charged depending on the situation.
Trafficking usually involves larger quantities of drugs and the intent to sell, transport, or distribute them. This charge often carries much harsher penalties.
Manufacturing refers to producing illegal substances—this could mean growing marijuana without proper licensing or cooking meth in a home lab.
Each of these charges comes with different legal definitions, consequences, and defense strategies. A skilled drug attorney can walk you through the details and help build a defense tailored to your situation.
Can I go to jail for a first-time drug offense?
Yes, it’s possible. Washington State law doesn’t always go easy on first-time offenders, especially if the charge involves trafficking or manufacturing. However, if the charge is possession and you have no criminal record, your drug attorney may be able to argue for alternatives like diversion programs or probation.
Is marijuana still illegal in some cases?
Even though marijuana is legal in Washington State, there are still restrictions. You can’t grow it at home unless you have a medical marijuana license. You also can’t possess large quantities or sell it without a proper license. Violating these rules can lead to criminal charges, so it's important to speak with a drug attorney if you're accused of a marijuana-related offense.
What should I do if the police didn’t have a warrant?
Search and seizure laws still apply to drug cases. If police searched your home, car, or personal belongings without a valid warrant or without probable cause, any evidence they found might not be admissible in court. This is one of the first things a drug attorney will look at when reviewing your case.
Contact Us Today
The law around drug crimes can be tough, but it’s not unbeatable. With the right defense and the right drug attorney, you can challenge the charges, push back against unfair treatment, and move forward with your life. Our firm serves clients throughout Vancouver, Clark County, Cowlitz County, Lewis County and Wahkiakum County. Contact us at Dan Mellen, Attorney at Law today.