As Oregonians know well, marijuana occupies a unique spot in Oregon’s Criminal Code. Both criminal and non-criminal (violation) and often outright legal (medical), marijuana law in Oregon can be especially confusing for the layperson. Heck, even a seasoned marijuana lawyer can be perplexed by the way the criminal justice system treats this humble plant.

VIOLATION: Under ORS 475.864(2) possession of less than an ounce of marijuana is declared a violation. What is a violation? Most importantly it is not a crime. Crimes consist of misdemeanors and felonies. Violations can best be thought of as ‘tickets’. Speeding is a violation, so is running a red light. However, the violation of less than one ounce of marijuana can have onerous consequences including fines and in some cases ‘education’ classes.

FELONY: Once possession exceeds an ounce, Oregon law goes from 0 to 60 in the blink of an eye. No ‘misdemeanor’ middle ground, once a individual exceeds an ounce, possession of marijuana is classed as a ‘B’ felony. With maximums of 10 years in prison and $250,000 fine one can be sure that this is no mere ‘ticket’. Realistically, however, this crime is a level ’1′ on the Oregon Sentencing Guidelines Grid (pdf here) and rarely results in more than 10 days jail (if any jail at all). Indeed many district attorney’s offices are willing to negotiate misdemeanor treatment for marijuana offenders. Still, there are significant risks any time one is charged with felony and the prudent defendant is wise to consult with an experienced Oregon criminal defense attorney regarding their particular situation.

Contact Marijuana Defense Attorney Squire Bozorth today for a free consultation about your case.

Talk to me before you talk to the police.

If you have already spoken to the police, don’t say anything more and contact me right away.

Comments are closed.