Even though recreational cannabis use was made legal in Oregon in 2014, that doesn’t mean there isn’t confusion relating to drug charges. If you have been arrested and/or charged, get in touch with a defense lawyer as soon as possible. The team at Donahue Law Firm in Bend are experienced and knowledgeable and will use their skill to fight for your case.
In Oregon, drug charges are broken down into three categories:
- Possession of a Controlled Substance (PCS)
- Manufacturing a Controlled Substance (MCS)
- Delivery of a Controlled Substance (DCS).
Controlled substances are drugs that are illegal, listed in Schedules I through V under the Federal Controlled Substances Act, or drugs that are illegal without a prescription from a doctor.
Possession of a Controlled Substance
The most common drug charges are for the possession of meth, cocaine, Ecstasy, LSD, mushrooms, and benzodiazepines. There are two types of possession: actual and constructive. Actual possession is when the drug is physically on the person. Constructive possession is when the drug is in the home of the person and they have control of the drug. One or more people may have possession of the drug at the same time.
Delivery of a Controlled Substance
This consists of the actual, constructive, or attempted delivery of a drug. If a person is in possession of a drug with the intent to deliver, they can be charged with DCS, even when a delivery doesn’t take place. Typically, there are three instances when a person is charged with DCS.
A person is caught actually selling or delivering a drug to another person.
A person is caught with a large number of drugs that the assumption of delivery is made.
A person is caught with drugs and/or related items that provide circumstantial evidence, including large amounts of cash, lists of customers, etc.
Manufacture of a Controlled Substance
The manufacture of a drug includes the processing, preparation, or compounding of a drug. The manufacture of a drug also includes both naturally extracting substances and chemically creating a drug. People are commonly caught manufacturing a drug when they are growing marijuana without a permit, or they have drug-related items, such as bags or repackaging supplies.
Penalties for drug charges depend greatly on the type of drug and what the charge, whether it was possession, delivery, or manufacture.
If you are facing drug charges, or simply want to learn more about what would happen if you are charged, get in touch with our defense attorneys at Donahue Law Firm. Our team of lawyers will do our best to fight your case.