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Oregon Heroin, Opioids, and Opiates Laws

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. This is typical for cases involving production, trafficking across state lines, and organized crime. State drug laws can vary quite a bit from federal.

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.

Oregon Decriminalization Law

Oregon's drug decriminalization law, Measure 110, was passed by Oregon voters through a 2020 ballot measure. This represented a major shift in drug policy from the war on drugs. 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.

Measure 110 decreased the likelihood of jail time for drug possession of illicit drugs like fentanyl 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.

Significant updates came with the Republican-supported House Bill 4002, 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.

Heroin and Oregon Drug Laws: At a Glance

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, an alternative to incarceration.

The following table lists additional details of Oregon's drug laws concerning heroin, opiates, and opioids. See FindLaw's Drug Charges section for more articles.

Oregon Heroin, Opioid, and Opiate Law Code Sections

Oregon Revised Statutes

Uniform Controlled Substance Act

Oregon Drug Legislation

  • Oregon Measure 110 Drug Decriminalization and Addiction Treatment Initiative (2020): The initiative reclassified personal possession of cocaine from a Class A misdemeanor to a Class E violation resulting in a $100 fine or a completed health assessment.
  • House Bill 4002: Oregon’s new recriminalization law

Oregon Possession of Heroin, Opioids, or Opiates Penalties

  • Possession of heroin is a drug enforcement misdemeanor
  • If a person has one gram or more of a substance containing heroin, it is classified as a Class A misdemeanor
  • Possession becomes a Class B felony if:
    • The possession is related to a commercial drug offense
    • The person possesses a large quantity, as defined under ORS 475.900

(Oregon Revised Statutes Section 475.854 )

Oregon Sale (Delivery) of Heroin, Opioids, or Opiates Penalties

The unlawful delivery of heroin is a Class A felony.

(O.R.S. Section 475.850)

Oregon Manufacture of Heroin, Opioids, or Opiates Penalties

The manufacture of heroin is a Class A felony.

(O.R.S. Section 475.848)

Is Drug Court Available in Oregon?

Yes. Oregon Drug Court is available for low-level and first-time offenders. The focus is on addiction treatment and rehabilitation instead of incarceration.

Note: Oregon state laws change through voter-approved ballot initiatives and the passage of new legislation. You may want to contact an Oregon drug crimes attorney or conduct your own legal research to verify current Oregon laws.

Overview of Oregon Drug Courts

Drug courts 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. 

Facing Heroin, Opioid, or Opiate Charges in Oregon? Get Legal Advice From an Oregon Attorney

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. They can help you understand your rights if you’ve been stopped or arrested by law enforcement for possession of heroin. 

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Can I Solve This on My Own or Do I Need an Attorney?

  • Complex drug crimes usually require a lawyer
  • Experienced drug crime lawyers can seek to reduce or eliminate criminal penalties
  • Drug crime laws involve many specifics that can quickly change a case

Get tailored legal advice and ask a lawyer questions. Many Oregon attorneys offer free consultations for Drug Crime.

 

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