While marijuana is still classified as a controlled substance and is still illegal under most circumstances, Oregon seems to consider it less of a problem than many other substances. Possession of less than an ounce has been decriminalized, making it a violation, as opposed to a crime.
However, the penalties for selling, cultivating, manufacturing, or growing marijuana remain substantial. Manufacture is a Class A (the most serious) felony. Delivery, or sale of marijuana can range all the way from a Class A felony to a misdemeanor. Possession of marijuana can be a violation, as mentioned above, but it can also range as high as a Class B felony.
In general, the penalty and classification will depend on how much marijuana was involved, whether it was being sold, and the location – Oregon law carries enhanced penalties for selling or manufacturing drugs within 1,000 feet of a school. Ownership of a certain amount, along with other things can classify a Possession, Delivery, or Manufacturing charge as a Commercial Drug Offense , carrying enhanced penalties.
If you or a loved one is facing any level of marijuana offense, having an experienced drug defense lawyer on your side can make a big difference.
Edward Kroll is a former prosecutor who has extensive experience with drug crimes from both sides of the aisle. He will aggressively defend you against any marijuana charge you might face.
We will examine every possible defense. As mentioned, the amount of marijuana involved can have a substantial impact on the nature of the charge. When appropriate, we can independently test the substance in question to be sure of its weight. It may also be appropriate to challenge the police processes in your case – if the stop, search, or arrest was illegal, we may be able to get your entire case dismissed.
If you have a medical marijuana card, then you may fall under the protections of the Oregon Medical Marijuana Act, which allows possession and cultivation of small amounts of marijuana under certain circumstances. If the police have accused you of being in violation, we can often convince the prosecution that your use of medical marijuana was not a violation of the law.
Lastly, certain marijuana offenses, even felonies, can be eligible for expungement, meaning that you will eventually be able to clear your record.
Edward Kroll knows how to defend marijuana possession and delivery cases, and he knows the laws in this area. If you have any questions, or are facing an illegal marijuana charge, contact us today.