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Oregon Jury Instruction - Controlled Substances - Possession With Intent To Distribute

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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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.

More info

(k) Unlawful possession of drug paraphernalia with intent to sell or deliver as described in ORS 475.525. (4)(a) A person may not be arrested for violating ... (1) The indictment accuses the defendant with knowingly and intentionally possessing with intent to distribute a controlled substance, in violation of a federal ...Correctly and effectively instructing juries is one of the most important—and challenging—responsibilities of a trial judge. Instructions should provide ... Did you get a citation (ticket) for drug possession? If so, read this. · In order to avoid paying a fine, you will need to complete an assessment · within 45 days ... If you notice errors in the UCrJIs or if you have a suggestion for a new UCrJI, please contact Dean Land, UCrJI Committee Liaison, by telephone at 503-620-0222, ... by X RUAN — After instructing the jury that,. “[f ]or a controlled substance to be lawfully dispensed by a prescription,” the physician must have prescribed ... Jun 27, 2022 — The Government separately charged them with unlawfully dispensing and distributing drugs in violation of. §841. Each proceeded to a jury trial, ... Oregon drug charges can include possession, delivery, and manufacturing of cocaine, ecstasy, MDMA, benzodiazepines, cocaine, methamphetamine, or heroin. Possession of a controlled substance is generally a lesser included offense of the crime of possession with intent to deliver. See, e.g., State v. McClam ... 3.01. Consider Instructions as a Whole (10/8/12). 3.02. Presumption of Innocence; Reasonable Doubt (6/29/00). 3.03. Consider Only the Evidence (9/4/09).

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Oregon Jury Instruction - Controlled Substances - Possession With Intent To Distribute