OREGON’S BALLOT MEASURE 110 – PART 2

Standard

Before Measure 110, possession of a personal amount of drugs was classified as an A misdemeanor for Schedule 1-3 Controlled Substance. 

Measure 110 reclassifies possession of a personal amount of any of these drugs as a Class E violation.

What is a personal amount?  The amounts depend on the drug and are listed in the summary below: 

Schedule I Controlled Substances

   LSD  – Less than 40 units

   Psilocybin or psilocin – Less than 12 grams

Schedule 2 Controlled Substances

   Methadone – Less than 40 user units

   Oxycodone –  Less than 40 pills, tablets, or capsules

   Heroin – Less than 1 gram

   MDMA – Less than 1 gram or less than 5 pills, tablets, or capsules

   Cocaine – Less than 2 grams

   Methamphetamine – Less than 2 grams

Possession of more than the amounts listed above is a Class A misdemeanor.  Class A misdemeanors are punishable by a maximum 364 days jail and a maximum $6,250 fine. Misdemeanor convictions are eligible for expungement 3 years from the date of conviction, assuming the person otherwise qualifies.

If the Possession constitutes a Commercial Drug Offense, the offense is a Class B felony for drugs listed in Schedule 1 and a Class C felony for drugs listed in Schedule 2.  Class C felonies are eligible for expungement 3 years from the conviction date, assuming the person otherwise qualifies.  Class B felonies are eligible for expungement 20 years from the conviction date if the person meets the strict criteria discussed earlier.