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  1. #1

    Question ORS 475.864, Possession Less Than 1 Oz

    My question involves criminal law for the state of: Oregon

    I have a question. Last night I got charged with possession of a controlled substance Marijuana less then 1 oz. Should I plead guilty when I go to court or what will happen to me? I'm 16, and scared and just looking what to expect when I go to court. Do I need to get a court appointed attorney? This is my first and only charge. Please help.

    Thanks

  2. #2
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    Default Re: ORS 475.864, Possession Less Than 1 Oz

    Possession of less than 1 oz. of marijuana is a misdemeanor in the state of Oregon, punishable by a $500 - $1000 fine.

    It's always a good idea to have an attorney present when you appear in court - s/he can help you get into a diversion program, which can keep the charge off your record.
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  3. #3
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    Default Re: ORS 475.864, Possession Less Than 1 Oz

    Quote Quoting LawResearcherMissy
    View Post
    Possession of less than 1 oz. of marijuana is a misdemeanor in the state of Oregon, punishable by a $500 - $1000 fine.

    It's always a good idea to have an attorney present when you appear in court - s/he can help you get into a diversion program, which can keep the charge off your record.
    Possession of less than 1 oz. marijuana is not a misdemeanor in Oregon.
    It is a civil violation. It is not a criminal offense, hence the term
    " decriminalized."

    The legislature tried to re-criminalize marijuana about 10 years ago.
    However the voters overturned the law with a referendum.
    ------


    475.864 Unlawful possession of marijuana. (1) It is unlawful for any person knowingly or intentionally to possess marijuana.

    (2) Unlawful possession of marijuana is a Class B felony.

    (3) Notwithstanding subsection (2) of this section, unlawful possession of marijuana is a violation if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this subsection is punishable by a fine of not less than $500 and not more than $1,000. Fines collected under this subsection shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established under ORS 137.300.

    (4) Notwithstanding subsections (2) and (3) of this section, unlawful possession of marijuana is a Class C misdemeanor if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae and the possession takes place in a public place, as defined in ORS 161.015, that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. [2005 c.708 33]

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