Controlled Substances in Oregon - Penalties

Penalties

Heroin, LSD, peyote, mescaline, and psilocybin are Schedule I drugs, and with the exception of marijuana their manufacture or distribution is a class A felony carrying a maximum of 20 years in prison. Opium, cocaine, marijuana, and methamphetamine are Schedule II drugs, whose manufacturing or distribution is a class B felony, and can carry a sentence up to 10 years. Dealing more than one ounce of marijuana is also a Class B felony, with sentences up to 10 years. Amphetamine, depressants, and PCP are Schedule III drugs, and various prescription drugs are a Schedule II. The sale and distribution of Schedule III and IV drugs carry lighter penalties than the ones associated with Schedule I and II.

The penalties for sale of a controlled substance varies between states. In Oregon, a person convicted three times of selling 3.3 pounds of meth would face a maximum of four years in prison. By comparison, the potential penalty would be 13 years in prison in California, 21 years in federal court, and up to life in Texas. Former Oregon lawmaker Kevin Mannix wants to increase these penalties, saying the state "invites" criminal drug activity "by being passive." Mannix put a citizen's initiative on the November 2008 ballot, Measure 61. The measure was defeated, while a less expensive measure referred by the legislature, Measure 57, passed. Mannix's opponents argued that increased mandatory minimum sentences remove judicial discretion and send small-time dealers into expensive prisons instead of drug treatment.