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.