Delivering imitation drugs in Oregon

Oregon residents may understand that it is not legal to deliver controlled substances within the state. In fact, there are a variety of serious laws that prohibit the sale or distribution of certain drugs within the state. These include cocaine, heroin, methamphetamine, marijuana and more. There are serious penalties associated with the sale, use and transfer of these controlled substances in Oregon.

However, individuals may think that there are loopholes to these laws. One such loophole that individuals may want to explore is the transfer of imitation substances. These are substances that look like a drug that is otherwise illegal. Or an individual may try to transfer products that they know are not controlled substances in order to make a profit.

While individuals may not see the harm in this type of behavior -- since the substances are not real -- the law sees it differently. In fact, Oregon has specific rules prohibiting the delivery of imitation controlled substances.

Under section 475.912 of the Oregon criminal code, it is illegal for individuals to knowingly transfer an imitation controlled substance. If an individual knowingly delivers an imitation controlled substance, that individual can face criminal charges -- specifically a Class A misdemeanor.

An individual can be found guilty of this crime if the person knowingly delivers a product that the other individual believes is a controlled substance. Under the section, a person commits this crime when in actual constructive transfer has occurred. In these cases, there must be an express or implied representation that the substance is in fact a real controlled substance. This rule can also apply if the substance looks like, or is of a nature of similar to, an actual controlled substance.

There can be serious penalties for drug charges in Oregon. Even low-level drug charges can result in serious consequences for individuals. People who are facing drug charges in Oregon should understand their legal rights. An attorney can help individuals move forward when they're facing drug charges.