Possession of a Controlled Substance in Oregon

All states regulate the possession of controlled dangerous substances (CDS), though each differs in its exact definition of CDS and the penalties for illegal possession. Oregon classifies not only well-known drugs like marijuana, heroin, and cocaine as CDS, but also the compounds used to manufacture them.

This article discusses the illegal possession of CDS for personal use only. Illegally making or selling CDS carries different penalties. For more information on illegal CDS manufacture and sale, see Sale of Controlled Substances in Oregon.

Also, while marijuana is considered a CDS, this article does not cover Oregon’s marijuana possession and sale laws. To learn more about that topic, see Oregon Marijuana Laws.

How Oregon Classifies CDS

Oregon divides CDS into five “Schedules.” Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction, and no recognized medical value. Schedules II, III, IV, and V decrease in dangerousness and probability of abuse, and increase in recognized medical uses.

If you’ve been arrested for illegal CDS possession, you’ll need to figure out which Schedule the drugs you're charged with possessing fit into. Oregon has adopted the federal scheduling scheme, which you can find at 21 U.S.C.A. §.

Penalties for Possessing CDS

It is illegal in Oregon to possess CDS without a valid medical prescription. Penalties vary according to the type of CDS involved in the violation. (Or. Rev. Stat. Ann. § 475.752)

Schedule I CDS, heroin, and amphetamine

Penalties include a fine of up to $250,000, up to ten years in prison, or both.

Schedule II CDS, cocaine, and methamphetamine

Penalties include a fine of up to $125,000, up to five years in prison, or both.

Schedule III CDS

Penalties include a fine of up to $6,250, up to one year in jail, or both.

Schedule IV CDS

Penalties include a fine of up to $1,250, up to 30 days in jail, or both.

Schedule V CDS

Penalties include a fine of up to $1,000.

Peyote Possession for Religious Purposes

It is illegal to possess Lophophora (peyote), which can lead to arrest and prosecution. However, a defendant who possesses it for religious purposes may present an affirmative defense in court by proving that the possession was,

• in connection with a good faith practice of a religious belief
• directly associated with religious practice, and
• used in a manner that was not dangerous to the health of the defendant or others in proximity to the defendant.

This defense is not available to anyone who possessed peyote while in jail or prison. (Or. Rev. Stat. Ann. § 475.752(4) & (5).)

Talk to an Attorney

CDS possession convictions can incur harsh fines and long periods of incarceration. A local lawyer who practices CDS defense will review the facts of your case, explain your options, and advise you of the possible consequences.