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Caught with marijuana, convicted of ecstasy possession.

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T

TheMuseum

Junior Member
What is the name of your state (only U.S. law)? Oregon

Long story short, myself and three friends were caught by two officers after smoking weed. Voluntarily, I gave them my less than 1 oz. of marijuana (which is a misdemeanor in Oregon). I have met with the university's lawyer and we have identified some discrepancies on the citation they filed me. They are as followed:

1. It states on the citation that i was in violation of ORS (Oregon Revised Statute) 475-874 which is the crime of possessing ecstasy. I was not in possession of ecstasy. The lawyer said that under this premise I could be released as long as the DA's office doesn't change it to the correct ORS 475-864. Is there anyway I could pursue innocence under this premise?

2. On the ticket, the officer marked a box that says "No culpable mental state", meaning to him I was pretty much out. According to ORS 475-864 to be in consideration of possession of marijuana I have to have a knowing/intentional state of mind (defines possessing). Both of those options are boxes he could have marked on the ticket but didn't. Is it possible to pursue this premise as well? (Maybe better to pursue this one if the DA's office can lawfully change the information on the ticket to match the circumstances).

Any help is wonderful. I'm just looking for some more advice until I meet with the university's lawyer again because she I also looking for some answers in the same areas.
 


E

ERAUPIKE

Senior Member
TheMuseum said:
What is the name of your state (only U.S. law)? Oregon

Long story short, myself and three friends were caught by two officers after smoking weed. Voluntarily, I gave them my less than 1 oz. of marijuana (which is a misdemeanor in Oregon). I have met with the university's lawyer and we have identified some discrepancies on the citation they filed me. They are as followed:

1. It states on the citation that i was in violation of ORS (Oregon Revised Statute) 475-874 which is the crime of possessing ecstasy. I was not in possession of ecstasy. The lawyer said that under this premise I could be released as long as the DA's office doesn't change it to the correct ORS 475-864. Is there anyway I could pursue innocence under this premise?

2. On the ticket, the officer marked a box that says "No culpable mental state", meaning to him I was pretty much out. According to ORS 475-864 to be in consideration of possession of marijuana I have to have a knowing/intentional state of mind (defines possessing). Both of those options are boxes he could have marked on the ticket but didn't. Is it possible to pursue this premise as well? (Maybe better to pursue this one if the DA's office can lawfully change the information on the ticket to match the circumstances).

Any help is wonderful. I'm just looking for some more advice until I meet with the university's lawyer again because she I also looking for some answers in the same areas.
Click to expand...
1. No that is a typo and will be corrected to reflect the correct charge. You don't get tickets for felonies.



2. § 161.105¹
Culpability requirements inapplicable to certain violations and offenses
(1) Notwithstanding ORS 161.095 (Requirements of culpability), a culpable mental state is not required if:
(a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or
(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.
 
T

TheMuseum

Junior Member
Can I ask where you found all of that? Before I was using a book that doesn't belong to me to find the ORS numbers.
 
E

ERAUPIKE

Senior Member
TheMuseum said:
Can I ask where you found all of that? Before I was using a book that doesn't belong to me to find the ORS numbers.
Click to expand...
475.874 Unlawful possession of 3,4-methylenedioxymethamphetamine. (1) It is unlawful for any person knowingly or intentionally to possess 3,4-methylenedioxy-methamphetamine.
(2) Unlawful possession of 3,4-methylene- dioxymethamphetamine is a Class B felony. [2005 c.708 §38]

It is actually possession of Meth not Ecstasy.

I looked in the ORS, more specifically § 161.105.
 
T

TheMuseum

Junior Member
No it's definitely MDMA search 3,4-methylenedioxymethamphetamine in google. But I looked and I am only charged a fine of $500-1000 that's it, other wise the culpability argument will stand for any charge above a violation.

Thanks though.
 
E

ERAUPIKE

Senior Member
You're right, I just saw the methamphetamine and jumped the gun.

You should go back and speak with your universities lawyer, he has done you a great disservice.
 
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