Oregon Jury Instruction - Controlled Substances - Possession With Intent To Distribute
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FAQ
Possession refers to someone having drugs for personal use only. Intent to distribute refers to drug trafficking and the sale of drugs. While possession is typically a minor crime, it can cause a person to be charged with a felony, especially if the person is found in possession of large amounts of drugs.
Section 475.752 - Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance. (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a controlled substance.
Possession with intent to distribute is a more serious charge than possession. It's defined as a person selling or offering to sell a controlled substance.
Possession of a Controlled Substance is abbreviated as ?PCS? in Oregon and can informally be referred to ?Drug Possession.? Possession of controlled substance in Oregon without a valid prescription or other medical/legal authorization is punishable as a felony, misdemeanor or violation.
Under Oregon law, deliveries generally include possession with the intent to deliver. Delivery charges stem from giving, providing or selling drugs to another person and from possessing large amounts of drugs which the state believes you intend to deliver to another.
Therefore, most remaining Oregon drug charges are felonies because they either involve substatial quanities of drugs, or drugs that have not been legalized (e.g. MDMA, cocaine, methamphetamine, etc). Also, the unlawful possession of some prescription drugs is a misdemeanor.
Oregon Drug Possession Laws Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, mescaline, and peyote.
