Portland, Oregon Drug Crime Lawyers
Strong advocacy for Oregon defendants charged with drug offenses
Oregon provides severe punishment for the manufacture, distribution, or possession of illegal drugs. A conviction of any drug charge can mean long-term imprisonment, huge fines, and difficulty finding work or a place to live when the prison term is over. You may also lose your right to vote and carry a firearm. At Philbrook Law, we’ve been fighting for defendants for 20 years. We work to suppress drug evidence that was illegally seized. We hold the prosecution to its requirement to prove its case beyond a reasonable doubt. Our Portland drug crime lawyers also work to obtain plea bargains. We can discuss other possible options as well, such as your eligibility for drug court programs that focus on treatment instead of incarceration. Call us now to assert all your defenses.
How can we help?
- What drug charges can be filed in Oregon?
- What are drug schedules?
- What are the current marijuana laws in Oregon?
- Are there alternatives to jail for drug offenses in Portland?
- What defenses do you assert for drug defendants in Portland?
- Do you have a Portland drug crime defense lawyer near me?
What drug charges can be filed in Oregon?
The three main types of drug charges in Oregon are:
- You can be charged with possession of a drug if you have physical possession of a controlled substance or intend to exercise control of a controlled substance.
- You can be charged with delivery of a controlled substance if you attempt to transfer, constructively transfer, or actually transfer drugs – by giving, selling, or providing them – to another person.
- Manufacture of drugs includes:
“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.” Some exceptions apply to medical practitioners.”
Drug crimes and offenses depend on many different factors, including:
- The type of drug involved
- How the drug is classified
- The quantity of the drug involved
- Whether any force or weapons were involved
- The conduct involved
- Other factors
Oregon is in the process of changing its drug laws. Many drugs that were legal in small amounts will now be illegal again. The new laws are a change to Measure 110, passed in 2020, which decriminalized some hard drugs (including heroin, cocaine, and methamphetamine) in small amounts and emphasized treatment over incarceration.
What are drug schedules?
Oregon defines a “controlled substance” as follows:
“A drug or its immediate precursor is classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035 (Authority to control schedule).
The term “controlled substance” does not include certain Cannabis family drugs and other drugs – under certain conditions.”
The federal Controlled Substances Act categorizes drugs based on their potential for abuse, whether the drug has any medical benefit, and whether the drug may lead to severe psychological or physical dependence.
Schedule I drugs are the most serious drugs, while Schedule V is the least serious.
In Oregon, the manufacture or delivery of a controlled sentence is categorized as follows:
- Schedule I drugs. A Class A felony. These drugs include Heroin, LSD, Peyote, and LSD.
- Schedule II drugs. A Class B felony. These drugs include methadone, OxyContin, Opium, Morphine, Methamphetamines, and Percocet.
- Schedule III drugs. A Class C felony. These drugs include Ketamine, Suboxone, Tylenol with Codeine, and Anabolic steroids.
- Schedule IV drugs. A Class B misdemeanor. These drugs include Ativan, Valium, and Xanax.
- Schedule V drugs. A Class C misdemeanor. These drugs include Robitussin AC and Phenergan with Codeine.
Our Portland drug defense lawyers will explain how possession of controlled substance charges are classified. Generally, possession of any Schedule I-IV controlled substance is classified as a Class E violation. Possession of a Schedule V controlled substance is classified as a violation.
Generally, the penalties for the manufacture, distribution, or possession of controlled substances are based on the schedule and crime classification as described above. The penalties may increase if the possession, delivery, or manufacture of a drug is near a school.
What are the current marijuana laws in Oregon?
According to the Oregon State Bar Association, Oregon’s marijuana laws include the following requirements for now:
- Personal Use. As of July 1, 2015, it is legal to possess “less than an ounce of marijuana by adults 21 years old and older anywhere in Oregon, except that its use is prohibited in public places and in public view.” Some at-home cultivation of marijuana may be legal on certain conditions. Our Portland drug crime lawyers will explain the current laws and regulations.
- Medical Use. Under certain circumstances, someone:
“Who suffers from a debilitating medical condition (from a limited list of mostly severe physical conditions and PTSD) and who has been so diagnosed by an Oregon licensed medical doctor or osteopath (an MD or DO) and who registers with the Oregon Health Authority is protected from arrest and prosecution under state laws so long as the patient with a registry identification card stays within the limits allowed,” and complies with other conditions."
Commercial licensing of marijuana and the use of industrial hemp may be legal under limited circumstances.
Are there alternatives to jail for drug offenses in Portland?
Our Portland drug defense lawyers will explain if your case is eligible for a drug court and how a drug court works.
The purpose of Oregon’s drug courts is to help defendants charged with felony possession of controlled substances by placing them “into a closely supervised treatment program in order to achieve recovery for the offender and reduce societal and criminal justice system costs. The goal of the program is to graduate a clean and sober, responsible, healthy, productive, and employed member of our community.”
Admission into an Oregon drug court program means working with a team of professionals, starting with your criminal defense lawyer, the county prosecutor, and the county circuit court judge, as well as recovery services, mental health professionals, and others.
What defenses do you assert for drug defendants in Portland?
At Philbrook Law, our criminal defense attorneys work to build a strong strategy that uses all the legal and factual cases that can help you. In drug cases, these defenses may include:
- A motion to suppress drug evidence. We often argue that the drugs that were seized were taken in violation of your Fourth Amendment right to be free from illegal searches and seizures. In many drug cases, we argue that the police should have obtained a warrant before searching your property. We may argue other constitutional defenses, such as your Fifth Amendment right not to incriminate yourself.
- The chain of custody was broken. The government must be able to show who controlled the drugs and how they were controlled from the date the police took them until the date of your court hearing or trial.
- Other legal and factual defenses. These include that the drugs were improperly categorized, the amount of the drugs should be lower, you weren’t in actual or constructive possession of the drugs, the elements of the case can’t be proven, and other defenses. We may also argue that the drugs were authorized prescription drugs.
- Any other defenses that can help obtain an acquittal or a dismissal.
Do you have a Portland drug crime defense lawyer near me?
Philbrook Law meets defendants charged with drug crimes at our Portland, Oregon office located at 107 SE Oregon St., Suite 520. If you’re detained in prison, we can make arrangements to speak with you where you’re being detained. Our lawyers also discuss criminal cases by phone and through video consultations.
We can guide you through this difficult time.
Speak with our experienced Portland drug crime defense lawyers today
Drug charges are frightening. At Philbrook Law, we intervene immediately to help you. We fight to obtain reasonable bail. Our Portland drug crime lawyers understand the weaknesses of the government’s case. We’re skilled at arguing suppression cases. To schedule a free consultation, call us or fill out our contact form. We represent clients in the greater Portland area and throughout Oregon.