Types of Drug Crime Charges
Possession of a Controlled Substance (PCS)
Under Oregon law, ORS § 475 defines the crime of possessing a controlled substance without a valid prescription or legal authorization can result in a felony, misdemeanor, or violation charge. The severity of the charge depends on the type of substance involved. Notably, the government does not need to prove actual possession or use of the substance. Instead, they can rely on “constructive possession,” which means they can argue that you had control over the substance without physically possessing it.
Our experienced attorneys can help you understand the charges against you and develop a strong defense strategy to fight them. Contact us today to protect your rights.
Under Oregon law, drugs are classified according to schedule.
Schedule | Description | Examples | Penalties for Possession |
Schedule I | High potential for abuse, no accepted medical use, lack of safety even under medical supervision. | Heroin, LSD, MDMA (Ecstasy), Psilocybin (Mushrooms). | Felony charges, significant fines, and possible prison time. |
Schedule II | High potential for abuse, accepted medical use with severe restrictions, potential for severe dependence. | Methamphetamine, Cocaine, Oxycodone, Fentanyl. | Felony charges for large amounts; misdemeanor for small personal-use amounts. |
Schedule III | Moderate to low potential for physical dependence but high potential for psychological dependence. | Anabolic steroids, Ketamine, Codeine (lower doses). | Misdemeanor or felony depending on quantity and prior offenses. |
Schedule IV | Low potential for abuse compared to Schedule III, accepted medical use, limited dependence potential. | Xanax, Valium, Ambien, Tramadol. | Misdemeanor charges, typically lighter penalties than higher schedules. |
Schedule V | Lowest potential for abuse, widely accepted medical use, limited dependence potential. | Cough medicines with codeine, Lyrica. | Misdemeanor charges, fines, and diversion options. |
Penalties for Drug Possession in Oregon
The penalties for drug possession vary in Oregon depending on prior criminal history and what schedule of drugs were involved. It’s important to ensure your constitutional rights are upheld and you obtain a skilled drug possession attorney to help fight your case.
Defenses to Drug Possession in Oregon
- Lack of Knowledge: if you were unaware of the presence of drugs, then you cannot be found guilty of drug possession
- Illegal Search and Seizure: police must have had valid probable cause before searching your property or person
- Lack of Evidence: there must be enough evidence that you committed the crime.
- Valid Prescription: if you have a valid prescription for the drugs in question, you cannot be charged with drug possession.
How a Drug Possession Lawyer Can Help
A skilled drug possession lawyer at GR Johnson Law can provide critical support if you’re facing drug-related charges. Our team will thoroughly review your case, analyze the evidence, and build a strong defense tailored to your unique situation. Whether you’re dealing with possession, distribution, or manufacturing charges, we are committed to protecting your rights and striving for the best possible outcome. Let us help you navigate the complexities of the legal system and ensure you have the best representation available.
Hire an Experienced Drug Possession Attorney
Having an experienced Oregon criminal defense lawyer on your side can drastically change the outcome of your case and the penalties associated with it. Call us now for a free consultation: 541-508-4716.