What Drugs Are Decriminalized in Oregon?
The state of Oregon has strict drug laws, but with so many changes made over the years, it can be hard to know the current legal standing on certain substances. After you read this article, you’ll be able to understand what drugs are decriminalized in Oregon, which ones are illegal, and what the difference between the two is.
What Drugs Are Decriminalized in Oregon and What Amount Can You Possess?
Oregon decriminalized the personal possession of certain drugs under Measure 110 in 2020. The law treats small amounts of these substances as a civil violation rather than a criminal offense. Instead of jail time, people may face a fine or be referred to a health assessment. The fine is usually $100 and is similar to receiving a minor traffic violation. The main focus here is on rehabilitation and support instead of punishment.
These personal-use thresholds are as follows:
● Cocaine: less than 2 grams
● Heroin: less than 1 gram
● MDMA (Ecstasy): less than 1 gram or up to 5 pills
● Methamphetamine: less than 2 grams
● LSD: less than 40 units
● Psilocybin (magic mushrooms): less than 12 grams
● Methadone: less than 40 units
● Oxycodone: less than 40 pills
For amounts above these small limits, the law still applies stricter penalties, but reduces some felonies to misdemeanors. Specifically:
● Heroin: 1 to 3 grams
● MDMA: 1 to 4 grams
● Cocaine: 2 to 8 grams
● Methamphetamine: 2 to 8 grams
Are All Drugs Decriminalized In Oregon?
No, not all drugs are decriminalized in Oregon. Drugs that are considered highly dangerous or new synthetic variants are fully illegal. Law enforcement makes these cases a top priority with much more severe consequences. So, even if a drug is decriminalized, it’s definitely not risk-free to use or carry in the Beaver state.
Drugs considered legal in Oregon:
Legal substances include the following, as well as everyday items like alcohol, nicotine products, and over-the-counter medications. These can generally be purchased openly and used within the rules set by the state.
● Cannabis and THC products (for adults 21 and older): Adults in Oregon can legally possess up to 1 ounce of usable cannabis in public and up to 8 ounces at home. Cannabis can also be stored in concentrates, edibles, or infused products within regulated limits. Sales are allowed through licensed dispensaries, and it’s also legal to grow a limited number of plants for personal use. Driving under the influence is definitely illegal.
● Psychedelic mushrooms (in regulated therapeutic or supervised settings): Oregon allows psilocybin (the active compound in psychedelic mushrooms) only in licensed, supervised therapy programs. Possession or use outside these programs is still illegal. The state has set strict rules for administration, preparation, and dosage to ensure safety. Individual consumers cannot legally grow or sell psilocybin mushrooms on their own.
● Prescription medications when used as directed by a healthcare provider: Any medication prescribed by a doctor or licensed provider is legal as long as it is used according to instructions. This includes opioids, stimulants, and other controlled substances. Possessing prescription medication without a prescription or using it in ways other than directed is illegal and can carry criminal penalties. Legal possession is limited to the prescribed amount for personal use.
Legal vs. Decriminalized
It’s easy to be confused when trying to understand the difference between legal and decriminalized drugs. Think of it this way: legal means you can have or use something without breaking the law. Decriminalized means you can still get in trouble, but it’s not treated like a serious crime. You’ll likely get a fine or a referral to services instead of jail time. It’s not fully “okay” to use, but the consequences are lighter and focused on help rather than punishment. Legal substances can be bought, sold, and used openly. Decriminalized ones are still controlled, and selling or having more than the personal limit can still get you in big trouble.
Penalties
Even with decriminalization, there are still consequences if you’re caught with drugs. For substances that remain fully illegal, penalties can be very serious. That can include prison time, probation, and fines that range from several thousand dollars up to tens of thousands, depending on the offense and amount involved.
For decriminalized drugs, the penalties are much lighter. Most personal possession violations carry a fine of up to $100. Instead of jail, you could also be referred to a health assessment or treatment program. However, if you fail to comply with the assessment, extra fines or civil penalties will be added.
Is It Illegal To Sell Drugs in Oregon?
Yes, selling drugs in Oregon is still illegal. Decriminalization only applies to small amounts for personal use and doesn’t protect anyone who distributes substances. Selling can be defined as giving or trading drugs for money, goods, or even favors. It also covers any situation where someone is caught repeatedly supplying drugs or organizing sales, even on a small scale
Is It Illegal to Buy Drugs in Oregon?
Buying drugs in Oregon is treated differently depending on the type and amount. For decriminalized drugs, purchasing small amounts for personal use isn’t a criminal offense any longer, but possession over the allowed limit can still get you cited. Paying someone for drugs is considered part of the distribution chain, so technically, law enforcement can investigate sellers. Buyers can also face civil penalties if caught with more than a personal-use amount.
Portland Drug Laws
Portland generally follows Oregon’s statewide drug laws, including Measure 110, so decriminalization rules are the same there. However, it’s important to note that local authorities can set priorities for enforcement. Portland police often focus on public safety issues and may respond more strictly to public use, dealing, or larger amounts. Some programs and treatment options might also be more accessible in Portland compared to rural areas.
Updates on Measure 110
With all this said, keep in mind that Measure 110 has faced some recent changes, and some parts have effectively been rolled back. The state is continually adjusting how drug enforcement works. Now, certain aspects of decriminalization are being limited. Lawmakers are focusing on stricter consequences for possession over the allowed personal amounts. Funding for treatment programs is being reassessed, and access to services is still uneven across the state. Despite the recent rollback, small personal possession is still treated more leniently than it was before Measure 110.
What Drugs Are Decriminalized in Oregon Conclusion
Navigating Oregon’s drug laws can be tricky because what’s legal, decriminalized, or still fully illegal varies depending on the substance, the amount, and how it’s used. Understanding the details of these laws can help you stay out of serious trouble and make more informed choices.
If you’re facing criminal charges in the Beaverton area, the best thing you can do is have a skilled attorney by your side. Contact our team at Powell Law. We will thoroughly review your case, explain your options, and work strategically to protect your rights. Our team will help you pursue the best possible outcome, whether that means negotiating reduced charges, guiding you through diversion programs, or preparing a strong defense in court. You don’t have to walk the road alone.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
