{"id":375880,"date":"2016-03-31T21:36:26","date_gmt":"2016-04-01T02:36:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-heroin-laws.html"},"modified":"2024-10-31T10:16:41","modified_gmt":"2024-10-31T15:16:41","slug":"oregon-heroin-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-heroin-laws.html","title":{"rendered":"Oregon Heroin, Opioids, and Opiates Laws"},"content":{"rendered":"\n
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Oregon Heroin, Opioids, and Opiates Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The trafficking, sale, and possession of heroin, opiates, and opioids is illegal under federal law and all state laws. The Drug Enforcement Agency (DEA) enforces federal drug prohibition under the U.S. Controlled Substances Act<\/a>. This is typical for cases involving production, trafficking across state lines, and organized crime. State drug laws can vary quite a bit from federal.<\/p>\r\n

In Oregon, the issue of opioid and heroin use has intensified due to a sharp increase in overdose cases. For Oregonians dealing with heroin, opiates, and opioids, the state’s laws and the criminal justice system play a big role in how drug use is handled. This article will look at Oregon’s current heroin laws, how they impact people using drugs, and what is being done to tackle the overdose crisis.<\/p>\r\n

Oregon Decriminalization Law<\/b><\/h2>\r\n

Oregon’s drug decriminalization law, Measure 110<\/a>, was passed by Oregon voters through a 2020 ballot measure. This represented a major shift in drug policy from the war on drugs<\/a>. Supported by Democratic Gov. Tina Kotek and Oregon lawmakers, the law sought to address the fentanyl crisis and reduce overdose deaths by focusing on public health rather than criminal penalties.<\/p>\r\n

Measure 110 decreased the likelihood of jail time for drug possession of illicit drugs like fentanyl<\/a> and other hard drugs. It redirected resources toward behavioral health and mental health services. In cities like Portland, the new law promoted outreach and treatment services, aligning with similar approaches in states like California and Washington.<\/p>\r\n

Significant updates came with the Republican-supported House Bill 4002<\/a>, which Governor Tina Kotek signed into law on April 1, 2024. This new legislation recriminalizes possession of small amounts of drugs and classifies it as a misdemeanor again. The new law also aims to fulfill Measure 110’s commitment to expanding access to drug treatment services.<\/p>\r\n

Heroin and Oregon Drug Laws: At a Glance<\/b><\/h2>\r\n

Under Oregon law, the delivery (sale) of heroin is charged as a Class A felony, which carries a maximum potential 20-year prison sentence and fine of up to $375,000. Non-violent offenders may be eligible for drug court<\/a>, an alternative to incarceration.<\/p>\r\n

The following table lists additional details of Oregon’s drug laws concerning heroin, opiates, and opioids. See FindLaw’s Drug Charges<\/a> section for more articles.<\/p>\r\n\r\n

Oregon Heroin, Opioid, and Opiate Law Code Sections<\/b><\/p>\r\n<\/th>\r\n

Oregon Revised Statutes<\/b><\/p>\r\n

Uniform Controlled Substance Act<\/u><\/p>\r\n

Oregon Possession of Heroin, Opioids, or Opiates Penalties<\/b><\/p>\r\n<\/th>\r\n

Oregon Sale (Delivery) of Heroin, Opioids, or Opiates Penalties<\/b><\/p>\r\n<\/th>\r\n

The unlawful delivery of heroin is a Class A felony.<\/p>\r\n

(O.R.S. Section 475.850<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Oregon Manufacture<\/b> of Heroin, Opioids, or Opiates Penalties<\/b><\/p>\r\n<\/th>\r\n

The manufacture of heroin is a Class A felony.<\/p>\r\n

(O.R.S. Section 475.848<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Is Drug Court Available in Oregon?<\/b><\/p>\r\n<\/th>\r\n

Yes. Oregon Drug Court<\/a> is available for low-level and first-time offenders. The focus is on addiction treatment and rehabilitation instead of incarceration.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b> Oregon state laws change through voter-approved ballot initiatives and the passage of new legislation. You may want to contact an <\/i>Oregon drug crimes attorney<\/i><\/a> or conduct your own legal research to verify current Oregon laws.<\/i><\/p>\r\n

Overview of Oregon Drug Courts<\/b><\/h2>\r\n

Drug courts<\/a> offer non-violent drug offenders the option of entering drug rehabilitation and submitting to regular drug testing instead of prison time. The offender enters a guilty plea and serves a probationary period. This approach aims to address substance use disorders and offers individuals the chance to recover from their addiction. <\/p>\r\n

Facing Heroin, Opioid, or Opiate Charges in Oregon? Get Legal Advice From an Oregon Attorney<\/b><\/h2>\r\n

The drug laws in Oregon seem to change all the time. If you find yourself facing legal issues related to heroin or other drugs in Oregon, talk to an Oregon drug crime lawyer<\/a>. They can help you understand your rights if you\u2019ve been stopped or arrested by law enforcement for possession of heroin. <\/p>\r\n

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