Is Cocaine Legal in Oregon?
Is cocaine legal in Oregon? In 2020, voters in Oregon passed a landmark measure that decriminalized the possession of small amounts of illicit drugs. However, in 2024, the state changed the law yet again, overhauling the 2020 measure. Once again, the possession of even a small amount of cocaine is illegal in Oregon.
If you’re uncertain about Oregon cocaine laws, you’re not alone. Read on to learn everything you need to know about cocaine laws in Oregon and what to do if you’ve been charged.
Oregon Cocaine Laws
Is cocaine legal in Oregon? Measure 110, which was passed in 2020, decriminalized the possession of small amounts of cocaine, making it a civil offense instead. People caught in possession of cocaine would be issued a citation rather than be arrested. The idea was to treat drug use as a public health issue rather than a crime and offer treatment for drug addiction in place of incarceration.
In 2024, the legislature voted to recriminalize possession of cocaine and other drugs. The new law aims to make it easier for police to tackle public drug use. Additionally, it comes with harsher penalties for trying to sell cocaine near parks. The law also encourages treatment for drug addiction in place of prosecution and allocates money to counties to create deflection programs.
Penalties for Cocaine Possession
With the passing of new Oregon cocaine laws, possessing even a small amount of cocaine is illegal. Depending on the county you’re in, you may be eligible for a deflection program instead of jail time if this is a first offense. In general, penalties for cocaine possession depend on the amount in possession. They include:
Small amounts for personal use:
Criminal charge: Class A Misdemeanor
Penalty: Up to 6 months in jail
Over 2 grams:
Criminal charge: Class A Misdemeanor
Penalty: Up to 1 year in jail.
Fines: Up to $6,250
Large amounts (over 10 grams):
Criminal charge: Class C Felony
Penalty: Up to 5 years in prison.
Fines: Up to $100,000
Your Rights If You’re Searched or Questioned
If you’re searched or questioned by law enforcement, it’s important to know your rights so you can protect yourself. Here’s a breakdown:
You have the right to remain silent and do not have to answer questions from law enforcement. You can tell them, “I’m exercising my right to remain silent.”
You aren’t required to identify yourself, including by your name or social security number. However, police can detain you until they’ve established who you are.
You have the right to refuse to consent to a search of yourself, your vehicle, or your home. Say clearly, “I do not consent to this search.” Even if you refuse, the officer may still search you, but your refusal can help later if you go to court. Law enforcement cannot arrest you just because you refuse to consent to the search.
You have the right to an attorney. If you are arrested, you can speak with an attorney before answering questions. If you cannot afford one, a public defender will be appointed for you.
You are protected against unreasonable searches and seizures by the Fourth Amendment. Law enforcement generally needs either a warrant or probable cause to search you or your property. An officer may pat you down, however, if they expect you to be armed and dangerous. You can ask to see a warrant if law enforcement has one.
Remember, everything you say or do can be used against you. If you are being searched or questioned by police, do not run, resist, or obstruct the officer. Keep your hands visible and remain calm.
What to Do If You’ve Been Charged
If you’ve been charged with cocaine possession, here are the steps you should take:
Stay calm and exercise your rights: Remain silent, as anything you say can be used against you. Request an attorney politely. Do not resist.
Contact an attorney immediately: Reach out to a criminal defense attorney (like Kollie Law) who specializes in drug charges. If you cannot afford a private attorney, request a public defender.
Do not discuss your case: Avoid discussing the details of your case with anyone aside from your attorney. This includes friends or family. Do not post about your case on social media. Do not talk about your case when making phone calls from the jail.
Attend all your court dates: Do not miss any of your court dates. Missing a court date can result in a warrant for your arrest. Dress appropriately and be respectful in court.
Follow your lawyer’s advice: Your attorney will guide you on whether to plead guilty, not guilty or negotiate a plea deal. They may challenge the legality of the search or argue that your rights were violated.
Consider a treatment program: If you’re struggling with cocaine addiction, consider entering a rehab program. They can help you handle your substance abuse issues. Additionally, this may help with your court case.
Conclusion
So is cocaine legal in Oregon? The answer is definitively, “No.” Possessing even a small amount of cocaine can lead to jail time and possible fines. If you’re facing charges of cocaine possession, Kollie Law can help. We’ll review your case to make sure your rights are protected and to guide you through this challenging time.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
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