Washington
Washington state laws, regulations, court decisions, and active legislation
Overview
Washington's legal system is one of the most progressive in the nation, with comprehensive reforms in criminal justice, environmental regulation, worker protections, and civil rights. The state was one of the first two to legalize recreational marijuana (2012), has the highest state minimum wage ($16.28/hr), enacted an assault weapons ban, and has a cap-and-invest climate program.
Washington's legal framework includes strong tenant protections with just cause eviction, all-mail voting since 2011, comprehensive paid family and medical leave, and the nation's first long-term care insurance program. The state's tech industry (Amazon, Microsoft) creates significant legal activity in privacy, employment, and antitrust law.
Court Structure
Washington's court system includes municipal courts, district courts, superior courts (general jurisdiction trial courts in 39 counties), the Court of Appeals (three divisions), and the Washington Supreme Court. Superior court judges are elected in nonpartisan elections. Supreme Court justices are elected statewide for six-year terms.
Unique Laws & Facts
- •Washington was one of the first two states to legalize recreational marijuana (2012)
- •The state has the highest state minimum wage at $16.28/hr with no tip credit
- •Washington conducts all elections by mail since 2011
- •The state enacted the nation's first long-term care insurance program
- •Washington's cap-and-invest climate program is one of the most comprehensive
Legal Landscape
Washington's legal landscape is defined by progressive innovation across nearly every legal domain: environmental regulation, worker protections, voting access, gun control, tenant rights, and drug policy. The state's tech industry creates emerging legal challenges in privacy, employment classification, and market competition.
Key Washington Laws (23)
Driving Under the Influence
Washington prohibits driving impaired or with a BAC of 0.08% or higher (or THC of 5 ng/mL). First offense is a gross misdemeanor with mandatory jail and 90-day license suspension. Fourth offenses become felonies. Ignition interlock is required.
Initiative 502 – Recreational Marijuana Regulations
Washington allows adults 21+ to possess 1 ounce of marijuana but prohibits home cultivation for recreational users. A 37% excise tax (one of the highest in the nation) funds healthcare, education, and substance abuse prevention. Washington was a pioneer legalizer in 2012.
Residential Landlord-Tenant Act – Security Deposits and Just Cause
Washington does not cap security deposits but requires return within 21 days with itemized deductions. Just cause eviction applies after one year. 60 days' notice is required for rent increases. Source of income discrimination is banned. Strong anti-retaliation protections apply.
Concealed Pistol License and Assault Weapons Ban
Washington requires concealed carry permits (shall-issue). An assault weapons ban (2023) prohibits new sales. Magazines over 10 rounds are banned. Universal background checks and a 10-day waiting period apply. A red flag law exists. Open carry remains legal without a permit.
Assault in the Fourth Degree
Washington divides assault into four degrees by severity. Fourth-degree assault is a gross misdemeanor with up to 364 days jail. First-degree assault, the most serious, involves intent to cause great bodily harm with a deadly weapon and can carry life in prison.
Possession of Controlled Substances
Washington legalized recreational marijuana for adults 21+. Following State v. Blake, simple possession of other controlled substances is now a gross misdemeanor with treatment referral, becoming a felony only for repeat offenses. Intent to deliver remains a felony.
Theft Defined
Washington theft is taking property to deprive the owner. Property worth $750 or less is third-degree (gross misdemeanor); $750-$5,000 or special items is second-degree (Class C felony); over $5,000 or from a person is first-degree (Class B felony).
Residential Burglary
Washington residential burglary is unlawful entry into a dwelling to commit a crime, a Class B felony with up to ten years prison. First-degree burglary involving weapons or assault is a Class A felony with up to life. Second-degree covers other buildings.
Grounds for Dissolution of Marriage
Washington is a pure no-fault divorce state requiring only that the marriage is irretrievably broken. A 90-day waiting period applies. Washington is also a community property state, presumptively dividing marital assets equally.
Parenting Plans — Best Interest Factors
Washington uses parenting plans instead of custody. Plans allocate decision-making and residential time based on the child's best interest, considering relationships, parental capacity, and any history of domestic violence or neglect.
Child Support Schedule
Washington uses an income shares model with an Economic Table based on parents' combined net income and children's ages. Health insurance, child care, and extraordinary expenses are added. Modifications require substantial change or 25% variance after one year.
Minimum Wage
Washington's minimum wage is $16.28 per hour as of 2024, with annual cost-of-living adjustments. Cities can set higher local rates. There is no tip credit — tipped workers receive the full minimum wage plus tips. Workers under 16 may be paid 85%.
Paid Family and Medical Leave
Washington's Paid Family and Medical Leave provides up to 12 weeks of paid leave (16 combined) for medical, family, and military reasons. It is funded by employer and employee premiums and administered by the Employment Security Department with job protection.
Washington Law Against Discrimination
The Washington Law Against Discrimination prohibits workplace discrimination on broad bases including immigration status, sexual orientation, gender identity, and HIV status for employers with 8+ employees. Damages and attorney fees are available.
Security Deposits
Washington sets no cap on security deposits but requires deposits to be held in a trust account and returned within 30 days with an itemized list of deductions. Wrongful withholding subjects the landlord to double damages plus attorney fees.
Unlawful Detainer (Eviction)
Washington requires landlords to give a 14-day notice for unpaid rent or 10-day notice for lease violations. Just cause is required for terminating periodic tenancies. Self-help eviction is prohibited; only the sheriff enforces evictions after court order.
Washington Limited Liability Company Act
Washington LLCs are formed by filing a certificate of formation with the Secretary of State for $200. Members have limited liability. A $60 annual report is required. The state has no income tax but applies a B&O tax on gross business income.
Washington Consumer Protection Act
The Washington Consumer Protection Act bans unfair or deceptive business practices. Consumers can recover actual damages and treble damages up to $25,000 plus attorney fees. The Attorney General can seek penalties up to $7,500 per violation.
Motor Vehicle Lemon Law
Washington's Lemon Law requires manufacturers to replace or refund new vehicles with substantial defects after four failed repairs (two for safety defects) or 30 days out of service within two years or 24,000 miles. State arbitration is required first.
Intestate Succession
Without a will in Washington, the surviving spouse inherits all community property. For separate property, the spouse takes half if there are descendants, three-fourths if only parents survive, or all if no descendants or parents survive.
Requirements for a Valid Will
A Washington will must be written, signed by the testator, and attested by two competent witnesses. Holographic wills made in Washington are generally not valid. Self-proving affidavits ease probate. Electronic wills are also recognized.
Basic Rule and Maximum Limits
Washington allows up to 70 mph on certain state highways, 60 mph on others, and 25 mph in urban areas. Drivers must always travel safely for conditions. Speeds over 80 mph or 25 mph over the limit may be reckless driving, a gross misdemeanor.
Small Claims Court Jurisdiction
Washington small claims court handles disputes up to $10,000 for individuals and $5,000 for businesses. Attorneys are generally not permitted at hearings. Decisions over $250 can be appealed to superior court within 30 days. Mediation is often offered.
Pending Legislation (1)
Washington Privacy Act
Comprehensive data privacy law giving consumers rights to access, delete, and opt out of personal data collection and sale.
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.