You can be charged with Delivery of a Controlled Substance (DCS) not only for the actual transfer of a controlled substance from one person to another but also for any attempt to transfer a drug from one person to another. If you are charged with possession of a drug in an amount found to be greater than the amount a person would normally possess for personal consumption it will be considered an attempt to transfer and is punishable as an actual, completed delivery. This is what is called “constructive delivery,” known commonly as a “Boyd delivery” after being recognized in State v. Boyd.
WITH THE EXCEPTION OF MARIJUANA, DELIVERY CONVICTIONS CAN NOT BE EXPUNGED.
In order to convict you of the crime of Delivery of a Controlled Substance, the State must prove that (1) on or about a certain date (2) in a certain county in Oregon (3) you (4) unlawfully (5) delivered or attempted to deliver (6) a specified controlled substance (7) listed in Schedules I, II, III or IV of the Federal Drug Schedules.
The level of the delivery charge is determined by the nature of the drug and in what level it is placed in the federal drug schedules.
Schedule I substances are those that the DEA has found: (A) have a high potential for abuse; (B) have no currently accepted medical use in treatment in the United States; and (C) there is a lack of accepted safety for use of the drug or other substance under medical supervision. No prescriptions may be written for Schedule I substances.
Schedule I substances include Marijuana (controversy exists about its placement in Schedule I); Heroin; MDMA; Psilocybin (hallucinogenic mushrooms); Foxy (5-methoxy-N-diisopropyltryptamine); LSD; Peyote; Mescaline; GHB (Gamma-Hydroxybutyric Acid)
Unlawful delivery of Schedule I substances, with the exception of marijuana [link], is a Class A felony punishable by up to 20 years in prison and $375,000 in fines.
Schedule II substances are those that the DEA has found: (A) have a high potential for abuse; (B) have a currently accepted medical use in treatment in the United States or a currently accepted medical use with severe restrictions; and (C) abuse of the substance may lead to severe psychological or physical dependence. Schedule II drugs may be dispensed with the written prescription of a licensed medical practitioner.
Schedule II substances include Cocaine; Methamphetamine; Opium; Laudanum; Methadone; Oxycodone (Percocet, OxyContin, Percodan); Morphine; Dilaudid (Hydromorphone); Pure Codeine; Pure Hydrocodone; PCP
Unlawful delivery of Schedule II substances is a Class B felony punishable by up to 10 years in prison and $250,000 in fines.
Schedule III substances are those that the DEA has found: (A) have a potential for abuse less than the drugs or other substances in schedules I and II; (B) have a currently accepted medical use in treatment in the United States; and (C) abuse of the substance may lead to moderate or low physical dependence or high psychological dependence. These substances require a written or oral prescription.
Schedule III substances include Hydrocodone (when compounded with a non-steroidal anti-inflammatory drug (NSAID) such as acetaminophen (e.g., Vicodin) or ibuprofen (e.g., Vicoprofin); Codeine, when compounded with a non-steroidal anti-inflammatory drug (NSAID), such as acetaminopen (Tylenol 3); Ketamine; Anabolic Steroids; Marinol, (a synthetic form of THC)
Unlawful delivery of Schedule III substances is a Class C felony punishable by up to 5 years in jail and $125,000 in fines.
Schedule IV substances are those that the DEA has found (A) have a low potential for abuse relative to the drugs or other substances in schedule III; (B) have a currently accepted medical use in treatment in the United States; (C) abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in schedule III. Control measures are similar to Schedule III.
Drugs in this schedule include Benzodiazepines, such as alprazolam (Xanax), clonazepam (Klonopin), and diazepam (Valium); Rohypnol (roofies)
Unlawful delivery of Schedule IV substances is a Class B misdemeanor and is punishable by up to six months in jail and $2,500 in fines.
Schedule V substances have a very low risk of dependency and include things like prescription drugs with very low potency. Unlawful delivery of Schedule V substances is a Class C misdemeanor punishable by up to 30 days in jail and $500 in fines.
If you are found to have delivered a controlled substance within 1,000 feet of a school you will be charged with a Class A felony and subject to a 20 years in prison and $100,000 in fines. If you deliver a controlled substance to a minor you will also be charged with a Class A felony, unless the person making the delivery is less than 3 years older than the person to whom the delivery is made. In that case, the classification is the level associated with the placement of the drug in the Federal Drug Schedule.
For all cases, in addition any fines you may be required to pay up to twice the amount of any financial or property gains made by the distribution of the controlled substances. Also, the court is required to suspend your driver’s license for 180 days unless it is persuaded that the suspension would cause you undue hardship.
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