Oregon Laws and Programs

Oregon Revised Statutes (ORS) define controlled substances as drugs or immediate precursors classified Schedule I–V by the federal Controlled Substances Act, as modified under ORS 475.035. The Oregon Criminal Justice Commission created a sentencing guidelines grid, a two-dimensional classification tool with Crime Seriousness Scale on the vertical axis and Criminal History Scale on the horizontal axis. Criminal history categories range from A (three or more person felonies) to I (no juvenile felony adjudication and no adult felony or Class A misdemeanor adjudications) (ORS 137.667). The judge must impose the presumptive sentences, unless there are substantial and compelling reasons for a departure from that sentence.

Aggravated drug offenses in seriousness category nine carry sentences of 34–72 months' incarceration, and include causing another to ingest a controlled substance with intent to commit/facilitate [Page 619]a crime of violence (475.908) and unlawful administration of a Schedule I or II controlled substance. Aggravated drug offenses in seriousness category eight carry sentences of 16 to 45 months and include manufacture or delivery of a Schedule I, II, or III controlled substance within 1,000 feet of school (Class A felony 475.904); distribution of a controlled substance to a minor (475.906); using a minor in a drug offense; manufacture and delivery of substantial quantities of a controlled substance (equal to or greater than five grams of heroin, 10 grams of cocaine, 10 grams of methamphetamine, 100 grams of hashish, 150 grams of marijuana, 200 units of lysergic acid diethylamide, 60 grams of psilocybin, or five grams or 25 tablets of ecstasy (475.900); a commercial drug offense; unlawful administration of a controlled substance; manufacture of methamphetamine; and distribution of equipment or precursors with intent to facilitate manufacture of a controlled substance.

Major drug offenses that fall into seriousness category VI carry a sentence of three to 30 months and include delivery of a controlled substance for consideration; possession of a substantial quantity of a controlled substance; and possession of a precursor with intent to manufacture a controlled substance.

The unlawful administration of a Schedule IV controlled substance falls into seriousness category five and carries a sentence of two to 16 months.

Drug offenses that fall into seriousness category four carry a sentence of two to 11 months and include delivery or manufacture of a controlled substance (Schedule I—Class A felony; Schedule II—Class B felony, Schedule III—Class C felony, Schedule IV—Class B misdemeanor; and Schedule V—Class C misdemeanor (475.840); presumptive sentence for delivery of methamphetamine is 19 months' incarceration); use of a minor in a drug offense where the minor is less than three years younger than the offender; and possession or disposal of methamphetamine manufacturing waste (Class C felony 475.977).

Possession of a controlled substance falls within crime category one with a sentence of probation and up to one month's incarceration (Schedule I—Class B felony; Schedule II—Class C felony; Schedule III—Class A misdemeanor; Schedule IV—Class C misdemeanor; and Schedule V—violation). In 1973 Oregon decriminalized possession of less than one ounce of marijuana by classifying it as a violation with a fine of $500–$1,000.

The creation or delivery of a counterfeit controlled substance and delivery of an imitation controlled substance is illegal. The sale, delivery, and possession with intent to deliver or manufacture with intent to sell or deliver drug paraphernalia is illegal (475.525).

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