Possession of Less than One Ounce of Marijuana

The most common type of drug possession charge in Oregon is Possession of Less than One Ounce of Marijuana (often abbreviated as “PCS <1oz“). Unlawful possession of less than one ounce of marijuana is a violation only (not a felony or a misdemeanor, but more similar to a traffic ticket) if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. The presumptive fine is $650, and there is a presumptive 6-month driver’s license suspension.

Marijuana is defined as all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It also does not include industrial hemp or industrial hemp commodities or products.

Oregon’s Medical Marijuana Program (OMMP) allows individuals to grow, possess, and use marijuana for medical purposes, and is a defense to most crimes involving marijuana provided that the individual is in compliance with the program.

Although Possession of Less than One Ounce of Marijuana (PCS <1oz) is a violation only, it’s typically wise to consult with an attorney before entering a plea to determine: (1) if there are legal issues which could allow for suppression of the evidence, (2) whether you might be eligible for a diversion which would result in the dismissal of the charge, and/or (3) whether you might be able to avoid the 6-month driver’s licence suspension with negotiations with the State or findings by the Court. Unlike most driver’s license suspensions, the suspension that comes with a conviction for a drug violation or drug crime in Oregon does not allow for a hardship permit– meaning you might not be able to drive anywhere, at all, for any reason, for six full months.