Portland Drug Crimes Defense Lawyer

What Are Felony Drug Offenses in Oregon?

First-time simple possession charges in Oregon are no-longer considered to be felony offenses. Simple possession charges in Oregon is a misdemeanor offense punishable by up to 1 year in jail and a $6,250 fine. Oregon classifies drugs into schedule categories and based on the specific drug(s) and the amount in your possession, you could be facing felony charges.

Felony drug charges include:

• Possession of a schedule I substance is a Class B felony punishable by:
  • Up to 10 years in prison and $250,000 in fines
• Possession of a schedule II substance is a Class C felony punishable by:
  • Up to 5 years in prison and $125,000 in fines

What Are the Penalties for Drugs in Oregon?

While the state of Oregon has a reputation as a more liberal state as far as interpreting medicinal substance use, drug crimes still carry serious consequences. If you were charged with a drug crime, you need to get help right away to ensure your rights are protected.

While the penalties for drug crimes vary based on factors such as drug classification, penalties could include:

• Up to 5 years in prison (class C felony)
• Up to 20 years in prison (class A felony)
• Fines up to $375,000 (class A felony)

Drug crimes have severe consequences, affecting employment, parental rights, and even your property. It is important to retain a criminal defense lawyer that has experience with drug crimes. At the Law Office of Robert R. Cleland, we focus on defending those facing criminal allegations and pouring attention and resources into reducing or even eliminating criminal charges.

Is Marijuana Legal in Oregon?

While Marijuana has been "Legalized" in Oregon for recreational use, it is still heavily regulated especially for sales, cultivation, and distribution. Adults between 18-21 can only buy and possess Marijuana if they have a recommendation for using it medically that is issued by a doctor.

Is Hemp Legal in Oregon?

In Oregon, hemp production, possession and commerce in industrial use has been legal in Oregon since Jan. 1, 2010. In 2015, the Oregon Department of Agriculture finalized rules implementing the Oregon Industrial Hemp Program. The Oregon Department of Agriculture issues licenses to cultivate and process industrial hemp, as well as licenses to produce and sell agricultural hemp seed. Industrial hemp farmers are required to cultivate a minimum crop of 2.5 acres. The laws concerning adult use and cultivation, processing and retail sales, as well as medical processing and medical dispensaries can be banned. This can happen because counties where 55 percent of the people voted against Measure 91 (all counties east of the Cascades, except for Deschutes and Wasco Counties), if a city or county bans state-licensed marijuana businesses by Dec. 31, 2015, then the people would have to collect signatures and have an initiative election in November 2016.

What You Need a Permit For

For selling, distributing and transporting or cultivating large amounts you must obtain licensing from the state and comply with all local and county ordinances. Oregonians can grow up to 4 Marijuana plants per residence, and that does not increase with more residents in the home -- it is no more than 4 plants no matter how many people live there if they do not have any kind of grow permit. Whether you can grow in a rental home is up to the owner of the home.

Smoking is not allowed in any public place and it is specifically banned in places with alcohol licenses such as bars and restaurants. Allowing Marijuana to be smoked in a place with an alcohol license can put that license in jeopardy.

Employment

Legalization does not protect Oregonians from being tested for it by their employer, so it is generally up to them whether or not to test their employees. Jobs that involve driving or operating heaving machinery are likely to continue testing for Marijuana indefinitely as it is a matter of safety for them.

Driving

Operating a vehicle while under the influence of Marijuana is strictly forbidden and can result in a DUII (Driving Under the Influence of Intoxicants).

Where You Can Obtain Marijuana

The only place it is legal to sell Marijuana as a business is from a state licensed store, however it is legal to get it from your friends, they just aren't supposed to being making a big profit. It is legal to reimburse someone who goes to the store for you the same way that you can give your friend a few bucks if he runs to the store to get a case of beer that you share.

Federal and Tribal Land

Legalization in Oregon does not have any bearing on Federal and Tribal land, and it does not protect you from federal law enforcement anywhere in Oregon as it is still federally illegal. Most federal law enforcement agencies have stated that they are not using their resources to investigate adults who are using Marijuana in compliance with state laws, but it is up to their discretion if they catch you with it.

No Case Is Too Large or Too Small

If you or a loved one are arrested in connection with a drug-related offense, turn to our Portland drug crime attorney today. No case is too large or too small. We have a reputation for conducting thorough preparation before trial, which helps uncover critical evidence to our client’s benefit. At the Law Office of Robert R. Cleland, we focus on defending those facing criminal allegations and pouring attention and resources into reducing or even eliminating criminal charges.

Don’t hesitate to receive the help you need. Call (503) 433-8285 to schedule your free case evaluation with our Portland drug crimes lawyer.