i) Minor in Possession of Marijuana A person under 21 years of age may not possess, attempt to purchase, or purchase a marijuana item. For purposes of this section, purchasing a marijuana item includes accepting a marijuana item, and possessing a marijuana item includes consuming a marijuana item (ORS §§ 475B.316, 475B.341). Offense: Class A/B Violation/Class A Misdemeanor/Class C Felony (amount dependent) Fine: Up to $125,000 j) Unlawful Possession of Marijuana Except for licensees and licensee representatives, it is unlawful for any person 21 years of age or older to possess, knowingly or intentionally: (a) more than four marijuana plants at any time; (b) more than one ounce of usable marijuana in a public place; (c) more than eight ounces of usable marijuana; (d) more than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates; (e) more than 72 ounces of cannabinoid products in liquid form; (f) more than one ounce of cannabinoid extracts; or (g) a cannabinoid extract that was not purchased from a marijuana retailer that holds a state issued license (ORS § 475B.337). Offense: Class B Violation/Class B Misdemeanor/ Class C Felony (amount dependent) Fine: Up to $125,000 k) Use of Marijuana While Driving A person commits the offense of use of marijuana in a motor vehicle if the person consumes in any manner a marijuana item while in a motor vehicle when the motor vehicle is upon a highway (ORS § 811.482). Offense: Class B Traffic Violation Fine: Up to $1,000 l) Providing Marijuana to Intoxicated Person (1) A person may not sell, give or otherwise make available any marijuana items to any person who is visibly intoxicated. (2) A person who exercises control over private real property may not knowingly allow any other person under the age of 21 years of age to consume a marijuana item on the property, or allow another person under the age of 21 years of age to remain on the property if the person under 21 years of age consumes a marijuana item on the property (ORS § 475B.329). Offense: Class A Misdemeanor Fine: Up to $6,250 State Sanctions Governing Illegal Drugs In Oregon, penalties for possession and distribution are determined by the controlled Substance Schedule upon which the drug appears. A) Schedule I Drugs (e.g., Heroin, LSD, Methamphetamine, Peyote, Mescaline, Psilocybin) Manufacture or distribution- Class A felony (up to 20 years and up to $375,000 fine, plus twice the value of any resulting gain of property or money). Unlawful Possession- Class A misdemeanor (up to 1 year and up to $6,250 fine, plus twice the value of any resulting gain of property or money). B) Schedule II Drugs (e.g., Opium, Cocaine) Manufacture or distribution- Class B felony (up to 10 years and up to $250,000 fine, plus twice the value of any resulting gain of property or money). Unlawful possession- Class A misdemeanor (up to 1 year and up to $6,250 fine, plus twice the value of any resulting gain of property or money). C) Schedule III Drugs (e.g., Amphetamine, Depressants,
PCP) Manufacture or distribution- Class C felony (up to 5 years and up to $125,000 fine, plus twice the value of any resulting gain of property or money). Unlawful Possession- Class A misdemeanor (up to 1 year and up to $6,250 fine, plus twice the value of any resulting gain of property or money). D) Schedule IV Drugs (e.g., various prescription drugs) Manufacture or distribution- Class B misdemeanor (up to 6 months and up to $2,500 fine, plus twice the value of any resulting gain of property or money). Unlawful Possession- Class C misdemeanor (up to 30 days and up to $1,250 fine, plus twice the value of any resulting gain of property or money). E) Schedule V Drugs (e.g., less dangerous prescription drugs and small amounts of certain drugs) Manufacture or distribution- Class C misdemeanor (30 days and up to $1,250, plus twice the value of any resulting gain of property or money). Unlawful Possession - Violation (up to $2,000). It is unlawful for a person to manufacture or deliver a Schedule I, II, or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors (Class A felony, penalty of up to 20 years and $375,000 fine, see ORS 475.904). In addition, the court may order the defendant to pay the cost of prosecution, and the defendant’s vehicle used in the crime may be forfeited to the state. Finally, the defendant may forfeit any property used in the crime to the county in which the crime occurred. Federal Sanctions Governing Illegal Drugs The federal system is governed by Title 21 United States Code Controlled Substances Act. The federal system establishes sanctions for possession and distribution of controlled substances, based on the schedule of the drug and the amount involved. In addition, the statutory sanctions for possession and distribution are subject to the “Sentencing Guidelines for U.S. Courts.” Imposition of the guidelines may lead to higher offense levels and, thus, stricter penalties than otherwise indicated. Courts must make adjustments in the offense level for victim-related considerations, defendant’s role in the offense, multiple counts, obstruction and acceptance of responsibility. Finally, the guidelines establish sentences for each offense based on the defendant’s criminal history. Further, if serious injury or death results from the crime, minimums of up to ten years (serious injury) and twenty years (death), plus fines of up to $4,000,000 may be added. These penalties may be doubled for defendants with past felony drug convictions. Penal sanctions in the federal system are “real time,” with reductions in sentences only for good behavior. The U.S. Drug Enforcement Administration lists five federal schedules of controlled substances: • Schedule I: Heroin, LSD, Marijuana (Cannabis), Ecstasy, Methaqualone, Peyote, Trimeperidine • Schedule II: Opium, Cocaine, Methamphetamine, Methadone, Hydromorphone, Hydrocodone, Oxycodone, Fentanyl, Dexedrine, Adderall, Ritalin
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