OREGON DRUG CRIMES GUIDE

OREGON COCAINE LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today to speak with Mr. Lesh about your drug case
(503) 546-2928
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   ORS 475.876 Unlawful manufacture of cocaine.

  (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture cocaine.  [Seen when turning powder cocaine into crack cocaine.]

   (2) Unlawful manufacture of cocaine is a Class B felony. [2005 c.708 §19]

   ORS 475.878 Unlawful manufacture of cocaine within 1,000 feet of school.

  (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

   (2) Unlawful manufacture of cocaine within 1,000 feet of a school is a Class A felony. [2005 c.708 §20]

   ORS 475.880 Unlawful delivery of cocaine.

  (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver cocaine.

   (2) Unlawful delivery of cocaine is a Class B felony.

   (3) Notwithstanding subsection (2) of this section, unlawful delivery of cocaine is a Class A felony if the delivery is to a person under 18 years of age. [2005 c.708 §21]

   ORS 475.882 Unlawful delivery of cocaine within 1,000 feet of school.

  (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

   (2) Unlawful delivery of cocaine within 1,000 feet of a school is a Class A felony. [2005 c.708 §22]

   ORS 475.884 Unlawful possession of cocaine. 

 

     (1) It is unlawful for any person knowingly or intentionally to possess cocaine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

 

      (2)(a) Unlawful possession of cocaine is a Class A misdemeanor.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of cocaine is a Class C felony if:

      (A) The person possesses a usable quantity of cocaine and:

      (i) At the time of the possession, the person has a prior felony conviction;

      (ii) At the time of the possession, the person has two or more prior convictions for unlawful possession of a usable quantity of a controlled substance; or

      (iii) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses two grams or more of a mixture or substance containing a detectable amount of cocaine. [2005 c.708 §23; 2017 c.706 §14]

 


 

What type of sentence do you face for a cocaine delivery charge?

Unlawful delivery of cocaine is a serious felony charge.  Often the charge results in a prison sentence.  The two primary factors which will factor into a sentence are the amount of cocaine involved and the criminal history of the defendant.  Cases involving more that 100 grams of cocaine usually result in substantial prison sentences.  See ORS 475.925(2)(a).

What type of sentence do you face for a cocaine possession charge?

Unlawful possession of cocaine can be either a felony or misdemeanor crime.  Usually possession of cocaine will result in a probation sentence and sometimes jail time.  Substance abuse treatment will be ordered as a condition of probation.




About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, and 2020.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

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David Lesh provides Oregon criminal defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.