Affirmative defenses to marijuana charges in Oregon

People in Oregon may not see marijuana use as a serious offense. However, marijuana charges can be brought in a variety of different situations. Individuals who are facing drug charges of any kind should understand their criminal defense options. There are situations where individuals may be able to raise an affirmative defense about why they have or are using otherwise illegal drugs.

People in Oregon may not see marijuana use as a serious offense. However, marijuana charges can be brought in a variety of different situations. Individuals who are facing drug charges of any kind should understand their criminal defense options. There are situations where individuals may be able to raise an affirmative defense about why they have or are using otherwise illegal drugs.

One affirmative defense for marijuana use involves the use of marijuana for medical purposes. Under section 475.319 of the Oregon criminal code an affirmative defense for criminal charges involving the production or possession of marijuana has three elements. If these elements are met, the individual will not face charges or penalties for the use of marijuana.

First, the individual must have been diagnosed with a debilitating medical condition within 12 months of when the person was arrested on the marijuana charges. When diagnosed, the individual must have been informed by the person's doctor that medical marijuana could help to eliminate or mitigate some of the symptoms of the debilitating medical condition.

Second, when the person was arrested, the person must have been engaged in the use of medical marijuana.

Finally, the individual must only have possessed marijuana in the amounts permitted under the medical marijuana statute. This means, that individuals cannot have more than a certain amount of marijuana in their possession in order to use this defense.

If these elements are met, individuals can use this defense even if they have not received a registration identification card under the medical marijuana program in Oregon.

There are many different defense mechanisms that may be employed when an individual is facing drug charges in Oregon. It is important for people to understand these defenses and how they may work in their case. In order to understand these defenses, individuals may need to speak with an attorney.