ORS  Guide
Commercial drug offense
A possession, delivery or manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at least three (3) of the following factors:
(A) The delivery was of heroin, fentanyl, cocaine, methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration;
(B)The offender was in possession of $300 or more in cash
(C) The offender was:
• unlawfully in possession of a firearm or other weapon as described in 166.270 (possession of weapons by certain felons)(2) OR
• the offender used, attempted to use or threatened to use a deadly or dangerous weapon, OR
• the offender was in possession of a firearm or other deadly or dangerous weapon for the purpose of using it in connection with a controlled substance offense
(D) The offender was in possession of materials being used for the packaging of controlled substances such as scales, wrapping or foil, other than the material being used to contain the substance that is the subject of the offense
(E) The offender was in possession of drug transaction records or customer lists
(F) the offender was in possession of stolen property
(G) modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled substance offense
(H) the offender was in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment
(I) the offender was using public lands for the manufacture of controlled substances
(J) the offender had constructed fortifications or had taken security measures with the potential of injuring persons or
(K) the offender was in possession of controlled substances in an amount greater than:
(i) three (3) grams or more of a mixture or substance containing a detectable amount of heroin
(ii) Three (3) grams or more or 15 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy;
(iii) eight (8) grams or more of a mixture or substance containing a detectable amount of cocaine
(iv) eight (8) grams or more of a mixture or substance containing a detectable amount of methamphetamine
(v) twenty (20) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide
(vi) ten (10) grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin or
(vii) four (4) grams or more or twenty (20) or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:
(I) 3,4-methylenedioxyamphetamine (MDA)
(II) 3,4-methylenedioxymethamphetamine (MDMA) OR
(III) 3,4-methylenedioxy-N-ethylamphetamine (MDE)
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