The federal government and most states criminalize the possession of any quantity of illegal drugs. Recently, however, Oregon changed their laws to decriminalize the possession of small amounts of drugs. If you would like to know what this means for you or your loved one, keep reading.
What Is the New Punishment?Oregon decriminalized possession of small amounts of drugs, but there are strict regulations on what constitutes a small amount.
For example, if you are found to have less than one gram of heroin, one gram of MDMA, less than two grams of methamphetamine, less than two grams of cocaine, or less than 40 pills of oxycodone on you, you could only face a noncriminal violation similar to a traffic violation.
Your punishment for a noncriminal violation is a $100 fine. You can typically avoid paying this fine if you agree to partake in a health assessment, which may address your possible addiction and underlying issues.
If you have over one gram but less than three grams of heroin, one to four grams of MDMA, two to eight grams of methamphetamine, or two to eight grams of cocaine, you could face a
misdemeanor, which could come with jail time. In the past, these were considered felonies.
What if You Have More Drugs Than Allowed?
The new laws in Oregon are designed to help people who struggle with addiction. People with small amounts of drugs are typically users who do not contribute to distributing any drugs. In fact, they may be struggling with severe addiction that is only worsened with strict punishment. When police are forced to arrest people with small amounts of drugs, it wastes police time and tax money, and it leads to overcrowded jails and prisons.
Instead, the new laws allow police to focus on people who manufacture, traffic, or sell the illegal drugs. Therefore, if you are found to have large amounts of illegal drugs, the court system may assume you are distributing the drugs instead of just using them. In this case, you can face legal consequences, such as felony charges.
For example, according to the new law, if you have 8 to 10 grams of cocaine, you could be charged with a commercial drug offence, especially if you also possess packaging materials, firearms, and $300 or more in cash. If you are caught trafficking over 10 grams of cocaine, you may face a Class A or B felony.
Even if you do have illegal amounts of drugs, work with your attorney to look into possible drug treatment if you agree to accept a guilty plea deal.
What if You Committed a Crime Too?If you also committed a crime while in possession of the drugs, you could still face trouble. For starters, if you are driving under the influence of any controlled substance (including cannabis and alcohol), you could face DUI charges. Depending on the circumstances, and the amount of drugs, you could also face jail time, but fines and drug classes may be a possible alternative.
In addition, if you get arrested for a crime, and police find drugs on you, it may affect your bail terms. When you are released on bail, the court may prohibit you from having any amount of any drug on your person. If you are later caught with any drugs, even noncriminal amounts, you could be sent back to jail for violating your bail.
In Oregon, you can still face serious consequences for having large amounts of drugs or getting a DUI. However, with small amounts being decriminalized, you may be able to avoid jail time. If you would like to know more, or if you have been arrested for drug-related reasons,
contact
Mark J. Geiger, Attorney at Law, today.
