Drug Defense Attorney in Medford

Drug laws in Oregon are divided into three major categories, including unlawful possession of controlled substances, unlawful manufacture of controlled substances, and unlawful distribution of controlled substances. Each offense ranges in severity, but they can oftentimes be charged together, resulting in a much more serious penalty. If you have been accused of a drug crime in Oregon, consult a Medford drug lawyer immediately following your arrest.

Types of Drug Crimes in Oregon

Drug Distribution

It is illegal to distribute - deliver or transfer - a controlled substance to another person. This could include simply handing a bag of drugs to someone else. Transporting mass amounts of drugs to be sold carries substantial penalties.

Drug Manufacturing

Unless you are a licensed entity manufacturing drugs in a professional capacity, it is illegal to manufacture - or produce, prepare, or process - drugs in the state of Oregon. Unfortunately, since the drug laws that govern drug manufacturing laws, many people do not know that certain actions or behaviors can qualify as drug manufacturing.

In order to be charged with a drug manufacturing accusation in Oregon, you do not even necessarily have to physically produce a drug; if you packaged or repackaged a drug, you could be liable for violating this law. Call a drug crime lawyer immediately as defense will be necessary.

Drug Possession

Generally speaking, possession of controlled substances is the lowest level crime of the three categories. Possession of narcotics, marijuana, or prescription drugs may result in a more significant consequence or misdemeanor penalty. In order to be charged with a drug possession charge in Oregon, you must be found guilty - without reasonable doubt - that you intentionally possessed the substance.

Oregon Drug Charges

To understand the nature of your charges, you should first consider how serious the state of Oregon determines your offense to be. When you are able to identify the possible mandatory minimum sentence, you can understand what you may be up against. Be warned, however, just because you may be facing a lesser charge does not mean that you do not need an Oregon criminal defense lawyer.

Drug crime consequences are serious in nature and could have life-altering repercussions. Living with the challenge of being hired, or lack of being trusted to maintain a new job due to your criminal record is one of the hardest consequences to live with. It could cause serious emotional and financial strain on a person.

The seriousness of a crime will be in direct proportion to the following factors:

• The type of drug charge
• Whether a substantial amount was found to be in your possession
• Whether the crime is classified as a commercial drug offense
• Whether a minor child was involved
• Whether the offense took place within 1,000 feet of a school
• The type of controlled substance you were found to be in possession of, distributing, or manufacturing

New Oregon Drug Sentencing Guidelines

With the passage of Measure 110 in 2020, Oregon has become the first state in the nation to decriminalize personal possession of what are considered hard drugs. The measure received nearly 59% of the vote and may pave the way in the U.S. for a new approach to how people who use drugs are treated and how controlled substance offenses are handled.

The state will no longer impose criminal penalties upon people who possess:

• 1 gram or less of heroin
• 2 grams or less of cocaine
• 2 grams or less of methamphetamine
• Less than 1 gram or 5 pills of MDMA
• Less than 40 units of LSD
• Less than 12 grams of psilocybin
• Less than 40 units of methadone
• Less than 40 pills of oxycodone

Oregon's new measure may prompt drug producers to move their operations to the state because the law on personal possession is a bit more relaxed. But it's important to note that although having certain amounts of drugs has been decriminalized, these substances are still federally illegal. Thus, personal possession may be prosecuted as a federal crime.

Will Penalties Be Assessed at All for Drug Possession?

Measure 110 decreases the charge for personal drug possession from a Class A misdemeanor to a Class E violation (a non-criminal offense similar to a traffic ticket). Currently, a person can be sent to jail for having a small amount of a controlled substance on them. However, when the penalty changes take effect on February 1, 2021, the individual will have the option of paying a $100 fine or completing a drug assessment.

The measure applies only to personal possession in small amounts. If an individual has quantities higher than those listed above, they could be charged with a misdemeanor. Additionally, the manufacture or distribution of hard drugs will still be punishable as a felony.

What Is the Justification for the Measure?

Currently, when a person is caught with drugs, they are charged with a crime. If they're found guilty, they may be incarcerated, and they will have a mark on their criminal record. When a person is in jail, they don't have access to the services needed to help overcome their addiction. And when they have a criminal record, they will have a harder time finding a job or a place to live and may be denied various other opportunities. The inability to become a contributing member of society creates a cycle of drug use and incarceration. It also leads to increased homelessness, poverty, and crime rates.

Measure 110 seeks to address the deeper issues arising from drug use by providing individuals with health services focused on recovery. Drug treatment programs are more likely to help individuals than is incarceration. The measure will allow access to such services for people who need them.

To establish drug addiction treatment centers, Oregon will use tax revenue above $11,250,000 received from marijuana sales, as well as savings from the arrest, prosecution, and incarceration of drug possession offenses.

In the long run, the measure will be more cost-effective and beneficial than criminal prosecution and punishments.

Will Pending Cases Be Affected?

Right now, Measure 110 applies to offenses that occur after it goes into effect.

Schedule Your Case Evaluation

If you have been charged with a drug crime in Medford under the Oregon drug laws, you may be facing a sentence that is already established under the Oregon Measure 11 mandatory minimum sentence laws. Whether you have been arrested for drug possession, drug manufacturing, or drug distribution, you need to contact a Medford drug crime lawyer from The Law Office of Justin Rosas immediately.

The faster an attorney can begin constructing a defense for your case, the faster favorable evidence can be gathered, and the stronger your case may be. I know that you want to avoid the sentencing, so I can put my knowledge to work on your behalf to achieve the best possible results for your case. Call my firm today!