OREGON DRUG CRIMES GUIDE

I just got arrested for an Oregon drug charge.  What happens now?

If you were arrested for solely a possession charge (possession of cocaine for example), you were probably given a citation or release agreement directing you to appear in court at a future date.  Sometimes, the police will book you into custody on a possession charge, and then you will appear in court shortly thereafter.  Most possession charges are now just Class E violations and result in a ticket; not criminal prosecution.  Possession charges are sometimes referred to as PCS charges.  [CS means controlled substance.]

If you were arrested for a delivery or manufacturing charge, you will most likely be booked into custody and brought before a judge the next business day unless you post bail or are released on your own recognizance.  Most delivery and manufacturing charges are Class B or Class A felony crimes.  Delivery and manufacturing charges are sometimes referred to as DCS (delivery of a controlled substance) and MCS (manufacturing a controlled substance) charges.  If you are accused of causing the overdoes death of another you may be charged with DCS / manslaughter / criminally negligent homicide though the penalties you face will be more severe. 

What should be my primary concerns?

With almost any criminal charge two primary concerns are (1) the potential punishment you face; and (2) what "record" you will have at the conclusion of your case.  Punishment refers to the penalties that you face upon conviction.  As with many crimes, the penalties for drug offenses can vary widely from a short period of probation and little or no jail to years in prison.  More on that below.

If you have no criminal history, your number one concern may be having a conviction on your record.  Most drug crimes are felonies, and, for a variety of reasons, you don't want a felony on your record if possible.  If you're unable to avoid a felony conviction, you'll want to discuss with your lawyer if expunging / sealing your record will be possible at a later date.

What are the most common type of drug crimes?

The major drug crimes in Oregon fall into three specific categories:  possession; delivery; and manufacturing.  The terms are defined as follows:

“Possess” means to have physical possession or otherwise to exercise dominion or control over the controlled substance.  Possession charges are commonly seen when you have drugs in your home, in your vehicle, or on your person.

“Deliver” or “delivery” means the actual, constructive or attempted transfer from one person to another of a controlled substance.  Under Oregon law, deliveries generally include possession with the intent to deliver.  Delivery charges stem from giving, providing or selling drugs to another person and from possessing large amounts of drugs which the state believes you intend to deliver to another.

“Manufacture” refers to the production, preparation, propagation, compounding, conversion or processing of a controlled substance by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.  Manufacturing charges are most often seen when someone is manufacturing (growing) marijuana.

How much jail / prison time will I have to do if I am convicted?

By definition, conviction of any criminal offense comes with the possibility of jail and sometimes prison time.  However, some drug convictions (especially drug possession charges) result in either no custody time (just a fine or treatment) or a very short jail sentence.  Many delivery / manufacturing charges will result in a prison sentence of a year or more if the amount of drugs involved is large or if a sale is made to a minor or if the defendant has a significant prior record of convictions.

The amount of incarceration (jail / prison) received will depend on a number of factors, including (but not limited to) the following:

• the crime for which you're convicted (possession charges are viewed less seriously than delivery or manufacturing charges);

• the type of drug involved (methamphetamine is often punished harsher than other drugs; marijuana is often punished less harshly);

• how much of the controlled substance (drug) you possessed, manufactured, or delivered (commonly referred to as "substantial quantity");

• your criminal history, if any;

• which Oregon county or court your case is in;

• what judge you are sentenced by;

• whether the state can prove "commercial drug offense" factors;

• whether the manufacture / delivery was within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors;

• whether the judge feels that you are amenable to drug treatment;

• whether the controlled substances were delivered / provided to a minor child;

• whether the delivery of the drugs lead to the death of another (Len Bias law);

• whether the judge feels you have accepted responsibility for your actions.

• Five grams or more of a mixture or substance containing a detectable amount of heroin;

• Ten grams or more of a mixture or substance containing a detectable amount of cocaine;

• Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine;

• Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD);

• Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin (mushrooms); or

• Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:  3,4-methylenedioxyamphetamine (MDMA / Ecstasy).

• The delivery was of heroin, cocaine, hashish, marijuana, methamphetamine, LSD, psilocybin or psilocin and was for consideration (meaning sold rather than shared / given away);

• The offender was in possession of $300 or more in cash;

• The offender was unlawfully in possession of a firearm or other weapon or the offender used, attempted to use or threatened to use a deadly or dangerous weapon, or the offender was in possession of a firearm or other deadly or dangerous weapon for the purpose of using it in connection with a controlled substance offense;

• The offender was in possession of materials being used for the packaging of controlled substances such as scales, wrapping or foil;

• The offender was in possession of drug transaction records or customer lists;

• The offender was in possession of stolen property;

• Modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled substance offense;

• The offender was in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment;

• The offender was using public lands for the manufacture of controlled substances;

• The offender had constructed fortifications or had taken security measures with the potential of injuring persons; or

• The offender was in possession of controlled substances in an amount greater than any of the following: