drug crimes

OREGON’S BALLOT MEASURE 110 – PART 2

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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.              

Oregon’s Ballot Measure 110

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Oregon voters passed Ballot Measure 110 on November 3, 2020. The measure decriminalized possession of a “personal amount” of drugs. It is the first of its kind in the United States. It is significant because it recognizes the shift in the way our community views addiction. Measure 110 treats drug use as a public health, not a criminal, issue.

Before Measure 110, possession of small amounts of drugs was a crime. The criminal penalties included probation, fees, drug evaluation and treatment, and jail time. People who relapsed and used drugs during probation were often jailed for violating probation and were sometimes charged with a new crime of PCS.

What does Measure 110 mean for Oregonians?

Decriminalization

Measure 110, which goes into effect February 1, 2021, reclassifies personal amount PCS cases as Class E civil violations. This means a judge cannot impose any jail time or probations sentence upon conviction. The maximum penalty is a $100 fine. The fine can be avoided by completing a health assessment and providing proof of completion to the court within 45 days of the citation.

Health Assessment

The state is still working out the details of the assessment. Measure 110 instructs the Oregon Health Authority to set up Addiction Recovery Centers (ARCs) no later than October 1, 2021. Until the ARCs are set up, people may complete their health assessments through a temporary telephone ARC. The telephone assessment will still need to be completed, with proof provided to the court within 45 days of the citation.

$100 Fine

If you choose not to do the health assessment, the fine is $100. The court may not impose any additional penalties or jail time for failure to pay the fine. This fine is similar to a parking ticket or other violation.