Marijuana Laws In Oregon
According to current marijuana laws in Oregon, it is legal to possess and use marijuana. However, it is still illegal to operate a motor vehicle while under the influence of marijuana, and you will face charges in Oregon if you are caught doing so. If you’re facing marijuana-related charges in Oregon, you’ll want a marijuana lawyer who’s knowledgeable about the state laws to help defend you.
Marijuana DUI Vs. Alcohol DUI
The drug and marijuana laws in Oregon mandate that it is illegal to drive while under the influence of alcohol, marijuana, other narcotics or a combination of any of these substances. While each state’s legal blood alcohol concentration (BAC) varies, in Oregon, a person is considered to be intoxicated if their BAC level is at .08% or above.
However, unlike the laws pertaining to alcohol, marijuana laws in Oregon state that any amount of marijuana found in the driver’s urine or blood while they were operating a car, in conjunction with a drug recognition evaluation, will establish that the driver was under the influence.
Penalties For Driving Under The Influence Of Marijuana In Oregon
Just like the penalties for driving under the influence of alcohol in Oregon, those for driving under the influence of marijuana vary depending on whether the offense is a first or subsequent conviction. In addition, there are other penalties that may apply if there is a minor in the vehicle at the time of the infraction. While the penalties are listed below, keep in mind that a judge may order community service hours in addition to the following penalties:
- First conviction: Penalties include at least 48 hours (and up to one year) of incarceration, a fine of between $1,000 and $6,250 or both, and a driver’s license suspension of at least 30 days.
- Second conviction: Penalties include at least 48 hours (and up to one year) of incarceration, a fine of between $1,500 and $6,250 or both, and a driver’s license suspension of at least one year.
- Third conviction: Penalties include at least 48 hours (and up to one year) of incarceration, a fine of between $2,000 and $6,250 or both, and a driver’s license revocation.
- A prior felony conviction or four and more convictions within 10 years: Penalties include up to five years of incarceration with a mandatory 90-day sentence, a fine of between $2,000 and $125,000 or both; and a driver’s license revocation.
A conviction in another jurisdiction can and most likely will be used by prosecutors when counting the number of prior convictions you have.
Are You Facing Marijuana DUI Or Related Charges In Oregon?
If you or someone you love has been charged with a marijuana-related driving offense, consider working with an experienced criminal defense attorney to learn more about your rights. The attorney at Robert L. Sepp, Attorney at Law, works diligently to explore all available avenues that can help build a solid defense. While the consequences and penalties of marijuana charges in Oregon are governed by statutory law, attorney Robert L. Sepp can answer any questions you have, strive for a dismissal and aggressively defend your case.
To find out more about the specific circumstances that can lead to marijuana charges, contact attorney Sepp today. Attorney Sepp offers free consultations for select cases.
Located in West Linn, Robert L. Sepp, Attorney at Law is proud to represent clients in the Portland metro area, Willamette Valley, Oregon Coast, Bend, Medford, Eugene and throughout the entire state of Oregon.