 |  |  |
|  | |
 | |  |
Drug offenses range from the serious charges of Manufacturing, Delivering and Possessing Methamphetamine, which can result in a substantial prison sentence, to Manufacturing, Delivering and Possessing Marijuana, which also have serious consequences.
It is often overwhelming for a person charged with a serious drug offense to look at the potential prison consequences. It is important to be aggressive in addressing the lawfulness of the police actions that led to the arrest and charges. Motions to Suppress any ill-gotten evidence are an important form of a defense. It is also important for a person charged with these crimes to address any potential drug problems that they may have in order to not only get the help they need, but to minimize any potential sentences before the Court.
With over 20 years' experience in representing hundreds of people in drug cases, I have successfully mitigated the effects of the charges in most cases.
Oregon classifies drugs by Schedule, based on the dangerousness of the drugs or controlled substance that you are accused of manufacturing, possessing, delivering, or distributing.
| Schedule I drugs: | these are the most dangerous, with a high risk of dependency or addiction, and have no legitimate medical use. Included under Schedule I are LSD, marijuana, heroin, mescaline and peyote. |
| Schedule II drugs: | these may have legitimate medical uses, but still have a high risk of abuse. Included under Schedule II are opium, cocaine, methadone, methamphetamines, and amphetamines. |
| Schedule III drugs: | these have a moderate risk of abuse, are slightly less dangerous than Schedule II substances, and may have legitimate medical uses. Included under Schedule III are codeine, hydrocodone, anabolic steroids, testosterone, and some depressants. |
| Schedule IV drugs: | these drugs have very acceptable medical uses, and a slight risk of dependency. Included under Schedule IV are clonazepam, sedatives, and some tranquilizers. |
| Schedule V drugs: | Included under Schedule V are prescription drugs with very low potency and a very low risk of dependency. |
Delivery or Manufacture of a Controlled Substance
| ||
Classification of Drug | Crime Classification | Potential Prison/Jail Sentence |
Schedule I (excluding marijuana) | Class A felony | Up to 20 years prison and $375,000 fine |
Schedule II | Class B felony | Up to 10 years prison and $250,000 fine |
Schedule III | Class C felony | Up to 5 years prison and $125,000 fine |
Schedule IV | Class B misdemeanor | Up to 6 months jail and $2,500 fine |
Schedule V | Class C misdemeanor | Up to 30 days jail and $1,250 fine |
Possession of a Controlled Substance
| ||
Classification of Drug | Crime Classification | Potential Prison/Jail Sentence |
Schedule I (excluding marijuana) | Class B felony | Up to 10 years prison and $250,000 fine |
Schedule II | Class C felony | Up to 5 years prison and $125,000 fine |
Schedule III | Class A misdemeanor | Up to 1 year jail and $6,250 fine |
Schedule IV | Class C misdemeanor | Up to 30 days jail and $1,250 fine |
Schedule V | Violation (non-criminal) | $250 fine |
Marijuana Possession
| ||
Amount | Crime Classification | Potential Penalties |
More than 1 ounce | Class B felony | Up to 10 years prison and $250,000 fine |
Less than 1 ounce | Violation (non-criminal) | $500-$1,000 fine |
Marijuana Distribution
| ||
Amount | Crime Classification | Potential Penalties |
Less than 5 grams (gift) | Violation (non-criminal) | $500-$1,000 fine |
5 grams - 1 ounce (gift) | Class A misdemeanor | Up to 1 year jail and $6,250 fine |
Any other amount (sale) | Class B felony | Up to 10 years prison and $250,000 fine |
 |  |  | |
|
| | |
 | |  |
