OREGON DRUG CRIMES GUIDE

OREGON METHAMPHETAMINE LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today to speak with Mr. Lesh about your drug case
(503) 546-2928
Photo of attorney David Lesh

 

   ORS 475.886 Unlawful manufacture of methamphetamine.

  (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 methamphetamine.

   (2) Unlawful manufacture of methamphetamine is a Class B felony.

   (3) The minimum fine for unlawful manufacture of methamphetamine is $1,000. [2005 c.708 §14; 2011 c.597 §11]

POSSIBLE SENTENCE
Probation Sometimes
Prison Often

   ORS 475.888 Unlawful manufacture of methamphetamine within 1,000 feet of school.

  (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 methamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

     (2) Unlawful manufacture of methamphetamine within 1,000 feet of a school is a Class A felony.

   (3) The minimum fine for unlawful manufacture of methamphetamine within 1,000 feet of a school is $1,000. [2005 c.708 §15; 2011 c.597 §12]

POSSIBLE SENTENCE
Probation Rarely
Prison Likely

   ORS 475.890 Unlawful delivery of methamphetamine.

  (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine.

   (2) Unlawful delivery of methamphetamine is a Class B felony.

   (3) Notwithstanding subsection (2) of this section, unlawful delivery of methamphetamine is a Class A felony if the delivery is to a person under 18 years of age.

   (4) The minimum fine for unlawful delivery of methamphetamine is $500. [2005 c.708 §16; 2011 c.597 §13]

POSSIBLE SENTENCE
Probation Sometimes
Prison Often

   ORS 475.892 Unlawful delivery of methamphetamine within 1,000 feet of school.

  (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

   (2) Unlawful delivery of methamphetamine within 1,000 feet of a school is a Class A felony.

   (3) The minimum fine for unlawful delivery of methamphetamine within 1,000 feet of a school is $500. [2005 c.708 §17; 2011 c.597 §14]

POSSIBLE SENTENCE
Probation Rarely
Prison Likely

 

  ORS 475.894 Unlawful possession of methamphetamine. 

 

  (1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

 

      (2)(a) Unlawful possession of methamphetamine is a Class A misdemeanor.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of methamphetamine is a Class C felony if:

      (A) The person possesses a usable quantity of methamphetamine and:

      (i) At the time of the possession, the person has a prior felony conviction;

      (ii) At the time of the possession, the person has two or more prior convictions for unlawful possession of a usable quantity of a controlled substance; or

      (iii) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses two grams or more of a mixture or substance containing a detectable amount of methamphetamine. [2005 c.708 §18; 2017 c.706 §15]

 

POSSIBLE SENTENCE
Probation Usually
Prison Rarely

 

      ORS 475.935 Presumptive sentences for certain methamphetamine offenses. 

 

      (1) Except as provided in ORS 475.900, 475.907 or 475.925, when the court sentences a person convicted of delivery of methamphetamine under ORS 475.890 or 475.892, the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convictions for any combination of the following crimes:

      (a) Delivery or manufacture of methamphetamine under ORS 475.752, 475.886 or 475.890;

      (b) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or 475.904; or

      (c) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967.

 

      (2) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:

      (a) A longer term of incarceration that is otherwise required or authorized by law; or

      (b) An upward durational departure sentence that is authorized by law or the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless otherwise authorized by law or rule of the Oregon Criminal Justice Commission, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section.

 

      (3) As used in this section, “previous conviction” means:

      (a) Convictions occurring before, on or after August 16, 2005; and

      (b) Convictions entered in any other state or federal court for comparable offenses.

 

      (4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

      (b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

      (5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079. [Formerly 137.721]

 

 

 


 

What type of sentence do you face for a meth delivery charge?

Unlawful delivery or manufacture of methamphetamine is a serious felony charge.  Often the charge results in a prison sentence.  The two primary factors which will factor into a sentence are the amount of meth involved and the criminal history of the defendant.  Cases involving more that 100 grams of meth usually result in substantial prison sentences.  See ORS 475.925(2)(b).

What type of sentence do you face for a meth possession charge?

 

Unlawful possession of methamphetamine can be either a felony or misdemeanor crime.  Usually possession of meth will result in a probation sentence and sometimes jail time.  Substance abuse treatment will be ordered as a condition of probation.

 

 


"I defend and help people facing drug charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your drug case."

Twenty nine years as an Oregon attorney
Former Multnomah County drug prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
Highly Rated


"Should you hire me to represent you with your meth case, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
I personally respond to your phone calls and emails; I meet with you; I appear with you in court."



Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship.  Consult qualified Oregon assault lawyers / attorneys for advice about any specific charge that you face.  Oregon defense lawyers are governed by the Oregon Code of Professional Responsibility.  This website may be considered an advertisement for services under the Code of Professional Responsibility.  Information contained in this website is believed to be accurate but is not guaranteed or warranted in any way.  By David N Lesh, info@davidlesh.net.   All reviews and testimonials on this site are real and were unsolicited. 

 

Oregon DUII Guide

Oregon DUII Diversion Guide

 

Rated 4.9 / 5 based on 16 reviews

Reviews of attorney David Lesh

David Lesh provides Oregon criminal defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.