Drug Charges, Crimes, and Substance Abuse in Oregon

Drug Charges, Crimes, and Substance Abuse in Oregon 2017-06-07T19:40:10+00:00

The most common Oregon drug charges are for possession of methamphetamine, cocaine, MDMA (aka Ecstasy or Molly), LSD, psilocybin mushrooms, and benzodiazepines. Legally, Oregon’s drug crimes are broken down into Manufacturing a Controlled Substance (MCS), Delivery of a Controlled Substance (DCS), and Possession of a Controlled Substance (PCS). As the names imply:

  • Manufacturing a Controlled Substance is manufacturing illegal drugs by producing them (e.g. growing marijuana or chemically producing methamphetamine),
  • Delivery of a Controlled Substance  is dealing illegal drugs by selling them (or possessing them in large-enough quantities that it’s assumed you’re selling them), and
  • Possession of a Controlled Substance is possessing drugs by having them on your person, in your belongings, or having residue of the drugs on a pipe, baggie, spoon, needle, etc.

Possession of a Controlled Substance (PCS)

In Oregon, unlawful possession of drugs is called Possession of a Controlled Substance (PCS). Possession is defined by case law and the Oregon Uniform Criminal Jury Instructions as having physical custody or otherwise to exercise dominion or control over property. The term possess includes two types of possession, actual and constructive. A person has actual possession of property when the person has physical dominion or control over it. A person has constructive possession of property when the person does not have physical custody of property but nevertheless either exercises control over it or has the right to exercise control over it. Possession may be individual or joint. Therefore, two or more persons may be in possession of the same thing when they each have the power and the intent to control it jointly. Possession charges most often arise for persons who have drugs on their actual person, in their vehicle, in their residence, or otherwise nearby (constructive possession).

Delivery of a Controlled Substance (DCS)

In Oregon, unlawful dealing or delivery of drugs is called Delivery of a Controlled Substance (DCS). Deliver or delivery means the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance, whether or not there is an agency relationship. Possession with intent to deliver can constitute delivery even when no actual transfer is shown (constructive delivery). Also, only the transferor, not the recipient, commits crime of delivery (e.g. the dealer commits the crime of the delivery, but the buyer does not).

Generally speaking, the three most common ways that someone is charged with delivery are: (1) a person is caught actually selling drugs to another person or an undercover informant, (2) a person is caught with such a large quantity of drugs that it’s assumed or implied that the person is dealing drugs, or (3) a person is caught with drugs and some other items that provide circumstantial evidence of dealing (e.g. customer lists, multiple cell phones, lots of cash, etc).

Manufacture of a Controlled Substance (MCS)

In Oregon, unlawful manufacture of drugs is called Manufacture of a Controlled Substance (MCS). Manufacture means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:

  • (a) By a practitioner as an incident to administering or dispensing of a controlled substance in the course of professional practice; or
  • (b) By a practitioner, or by an authorized agent under the practitioners supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

Generally speaking, the two most common ways that someone is charged with manufacturing is: (1) a person is caught actually growing marijuana without a permit, or (2) a person is caught with drugs and some other items that show packaging or repackaging (e.g. scales, baggies, etc).

Should I Hire An Attorney for Oregon Drug Charges?

Yes. Most drug charges in Oregon are felonies and therefore quite serious. Also, there are often many search and seizure defenses which are often available for Oregon drug crimes. If an outright dismissal of the case is not possible, there may be other opportunities for drug court or what’s called a conditional discharge.

Our office has considerable experience defending clients with Oregon drug charges. Contact us for a no-obligation consultation to see if we can help.

Oregon Drug Charges and Drug Crimes

What are Controlled Substances in Oregon?

Informally speaking, controlled substances are drugs: Drugs that are either totally illegal, or drugs that are illegal without a prescription or recommendation from a doctor or nurse practitioner. Controlled substances are substances that are listed in Schedules I through V under the Federal Controlled Substances Act, 21 U.S.C. Sections 811 to 812 and as amended by the Oregon Board of Pharmacy pursuant to ORS 475.035.

Schedule I Drugs

Schedule I substances are those that have the following findings:

  1. The drug or other substance has a high potential for abuse.
  2. The drug or other substance has no currently accepted medical use in treatment in the United States.
  3. There is a lack of accepted safety for use of the drug or other substance under medical supervision.

Some of the most common Schedule I drugs are: GHB, Heroin, LSD, Marijuana and its cannabinoids, MDMA (“ecstasy”), Mescaline, Methaqualone (Quaalude), Peyote, and Psilocybin & Psilocin (mushrooms).

Schedule I consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in 21CFR part 1308.11, and unless specifically excepted or unless listed in another schedule, any quantity of the following substances, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of such isomers, esters, ethers, and salts is possible within the specific chemical designation:

(a) 1,4-butanediol;

(b) gamma-butyrolactone

(c) Methamphetamine, except as listed in OAR 855-080-0022;

(d) Substituted derivatives of cathinone and methcathinone that are not listed in OARs 855-080-0022 through 0026 (Schedules II through V) or are not FDA approved drugs, including but not limited to,

(A) Methylmethcathinone (Mephedrone);

(B) Methylenedioxypyrovalerone (MDPV);

(C) Methylenedioxymethylcathinone (Methylone);

(D) 2-Methylamino-3’,4’-(methylenedioxy)-butyrophenone (Butylone);

(E) Fluoromethcathinone (Flephedrone);

(F) 4-Methoxymethcathinone (Methedrone).

Schedule I also includes any compounds in the following structural classes (2a–2k) and their salts, that are not FDA approved drugs, unless specifically excepted or when in the possession of an FDA registered manufacturer or a registered research facility, or a person for the purpose of sale to an FDA registered manufacturer or a registered research facility:

(a) Naphthoylindoles: Any compound containing a 3-(1-naphthoyl)indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of this structural class include but are not limited to: JWH-015, JWH-018, JWH-019, JWH-073, JWH-081, JWH-122, JWH-200, JWH-210, AM-1220, MAM-2201 and AM-2201;

(b) Phenylacetylindoles: Any compound containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples of this structural class include but are not limited to: JWH-167, JWH -201, JWH-203, JWH-250, JWH-251, JWH-302 and RCS-8;

(c) Benzoylindoles: Any compound containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of this structural class include but are not limited to: RCS-4, AM-694, AM-1241, and AM-2233;

(d) Cyclohexylphenols: Any compound containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring whether or not substituted in the cyclohexyl ring to any extent. Examples of this structural class include but are not limited to: CP 47,497 and its C8 homologue (cannabicyclohexanol);

(e) Naphthylmethylindoles: Any compound containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(f) Naphthoylpyrroles: Any compound containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring whether or not further substituted in the pyrrole ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(g) Naphthylmethylindenes: Any compound containing a 1-(1-naphthylmethyl)indene structure with substitution at the 3-position of the indene ring whether or not further substituted in the indene ring to any extent and whether or not substituted in the naphthyl ring to any extent;

(h) Cyclopropanoylindoles: Any compound containing an 3-(cyclopropylmethanoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the cyclopropyl ring to any extent. Examples of this structural class include but are not limited to: UR-144, XLR-11 and A-796,260;

(i) Adamantoylindoles: Any compound containing a 3-(1-adamantoyl)indole structure with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent. Examples of this structural class include but are not limited to: AM-1248 and AB-001;

(j) Adamantylindolecarboxamides: Any compound containing an N-adamantyl-1-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent and whether or not substituted in the adamantyl ring to any extent. Examples of this structural class include but are not limited to: STS-135 and 2NE1; and

(k) Adamantylindazolecarboxamides: Any compound containing an N-adamantyl-1-indazole-3-carboxamide with substitution at the nitrogen atom of the indazole ring, whether or not further jwd4z-4437294989@pers.craigslist.orgsubstituted in the indazole ring to any extent and whether or not substituted in the adamantyl ring to any extent. Examples of this structural class include but are not limited to: AKB48.

Schedule I also includes any other cannabinoid receptor agonist that is not listed in OARs 855-080-0022 through 0026 (Schedules II through V) or is not an FDA approved drug.

(4) Exceptions. The following are exceptions to subsection (1) of this rule:

(a) 1, 4-butanediol and gamma-butyrolactone when in the possession of a person for the purpose of its sale to a legitimate manufacturer of industrial products and the person is in compliance with the Drug Enforcement Administration requirements for List I Chemicals;

(b) 1,4-butanediol and gamma-butyrolactone when in the possession of a person for the purpose of the legitimate manufacture of industrial products;

(c) Marijuana and delta-9-tetrahydrocannabinol (THC).

Schedule II Drugs

Schedule II consists of the drugs and other substances by whatever official, common, usual, chemical, or brand name designated, listed in 21 CFR part 1308.12 and any quantity of the following substances:

(1) Marijuana;

(2) Methamphetamine, when in the form of an FDA approved product containing methamphetamine, its salts, isomers and salts of its isomers as an active ingredient for the purposes of currently accepted medical use.

Schedule III Drugs

Schedule III consists of the drugs and other substances by whatever official, common, usual, chemical, or brand name designated, listed in 21 CFR part 1308.13; and

(1) Products containing pseudoephedrine or the salts of pseudoephedrine as an active ingredient.

(2) Products containing ephedrine or the salts of ephedrine as an active ingredient.

(3) Products containing phenylpropanolamine or the salts of phenylpropanolamine as an active ingredient.

Schedule IV Drugs

Schedule IV consists of:

(1) The drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in 21 CFR part 1308.14, unless specifically excepted or listed in another schedule: and

(2) Products containing carisoprodol or the salts of carisoprodol as an active ingredient.

Schedule V Drugs

Schedule V consists of the drugs and other substances, by whatever official, common, usual, chemical, or brand name designated, listed in 21 CFR part 1308.15.

Excluded Substances

The following drugs and their generic equivalents are excepted from the schedules in OAR 855-080-0021 through 855-080-0026:

(1) Benzedrex inhaler (Propylhexedrine).

(2) Vicks — Vapor inhaler (Levmetamfetamine).

Most Common Oregon Drug Charges

The possession of small quantities of marijuana was legalized in Oregon in 2015. Therefore, most remaining Oregon drug charges are felonies because they either involve substatial quanities of drugs, or drugs that have not been legalized (e.g. MDMA, cocaine, methamphetamine, etc). Also, the unlawful possession of some prescription drugs is a misdemeanor.

Even though the possession of marijuana was legalized in Oregon, producing marijuana outside of Oregon’s laws and regulations is still a state crime and may be a Federal crime, so speak with an attorney before you consider growing or manufacturing your own marijuana, or delivering or possession quantities outside the legal limits.

More than any other type of criminal case, drug cases often involve searches and seizures which may be challenged by a Motion to Suppress. If you have been cited or arrested in a drug case, contact an attorney to determine whether or not a Motion to Suppress may be an option in your case, or to determine if you have other legal defenses.

Aside from the specific criminal charges that fall generally under Oregon drug crimes, there is also another important consideration: The health and safety of the user, and people around him/her.

Drug Abuse & Addiction in Oregon

Addiction can be generally defined as a chronic physiological and psychological brain disease that causes compulsive drug seeking and use, despite harmful consequences to the addicted individual and to those around him or her. While it was historically argued that drug abuse was the result of low moral character, bad choices, or bad judgment, addiction today is better understood as a mental health problem.

From Substance Abuse and Mental Health Services Administration (SAMHSA):

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), no longer uses the terms substance abuse and substance dependence, rather it refers to substance use disorders, which are defined as mild, moderate, or severe to indicate the level of severity, which is determined by the number of diagnostic criteria met by an individual. Substance use disorders occur when the recurrent use of alcohol and/or drugs causes clinically and functionally significant impairment, such as health problems, disability, and failure to meet major responsibilities at work, school, or home. According to the DSM-5, a diagnosis of substance use disorder is based on evidence of impaired control, social impairment, risky use, and pharmacological criteria.

You can read more about Alcohol Use Disorder (AUD), Cannabis Use Disorder, Stimulant Use Disorder, Hallucinogen Use Disorder, and Opioid Use Disorder here.

If you or someone you know is addicted to or abusing controlled substances, please reach out for confidential help from a professional drug or alcohol treatment provider.