Portland Drug Lawyer
Protect Yourself from Drug Charges
While state and federal conversations around drug offenses are changing, authorities in Oregon take these crimes seriously. Prosecutors aggressively pursue convictions in the name of getting drugs off the streets and preventing addiction.
Oftentimes, innocent people are caught up in these initiatives by simply being in the wrong place at the wrong time. No matter what type of drug crime you or a loved one are facing, our Portland drug crime lawyer can work tirelessly on your behalf to protect your future.
Types of Drug Crimes in Oregon
Drug crimes is an overarching term that encompasses offenses involving a lot of different controlled substances and situations. Our drug crime defense attorney has the insight and knowledge to stand up to them all. We work closely with our clients and a team of experts to understand the full extent of your circumstances and explore any available options. With personalized legal counsel, we improve the chances of a positive case outcome.
Drug crimes in Oregon are broken down into three main types:
- Distribution – Transferring a substance from one person to another or having the intent to deliver to another; an example includes the arrest of someone that has a controlled substance on them, as well as multiple cell phones
- Manufacture – Directly or indirectly producing, preparing, converting, or otherwise processing a controlled substance; someone that has marijuana growing on their property may face these charges
- Possession – Having actual control over the substance or having the right to exercise control over it; driving someone who has a controlled substance in their backpack in your vehicle could be enough for a possession charge
As shown above, there are many instances in which police evidence does not fully and accurately illustrate the situation. In other cases, illegal or unconstitutional search methods are used to procure evidence against you. Work with a skilled attorney to uphold your rights under the law.
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 $100,000 in fines
Possession of a schedule II substance is a Class C felony punishable by:
- Up to 5 years in prison and $100,000 in fines
Oregon Drug Penalties
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 jail (class C felony)
- Up to 20 years in prison (class A felony)
- Fines up to $100,000 (class A, B, & C 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.
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. It is legal for adults of age 21 or over to have on their person in a public place:
- Up to 10 Seeds
- 4 immature plants
- 16 ounces of edibles as a solid
- 72 ounces of cannabis as a liquid
- 5 grams of cannabis concentrate
- Any amount greater than those is considered more than what could be for personal use.
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.
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.
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 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.
I couldn't have been happier with his devotion and work ethic.- Jen
Calm and professional.- Igor
We trust Robert and his team to be there for us when need him.- Matthew
I would HIGHLY recommend Robert Cleland!- Jonathan
Rob Cleland was the best thing that could have happened!- Satia