Drugs

Are you charged with a drug case?

The charges are typically alphabet soup: PCS I, MCS II, DCS I. The letters stand for Possession of a Controlled Substances (PCS), Manufacture of a Controlled Substance (MCS), and Distribution of a Controlled Substance (DCS). The Roman numerals following the charge (for example PCS II) means the drug is listed on the federal controlled substances schedule II. Schedule I drugs include marijuana, heroine, LSD, and psychedelic (psilocybe) mushrooms. Schedule II drugs include cocaine, methamphetamine, ecstasy, and crack cocaine. There are other schedules too, including ones for illegal possession, distribution or manufacture of prescription drugs.

Did the police conduct an illegal search or seizure?

We conduct a drug charge defense several ways. First we ask, "How did they learn you were associated with the drugs?" In answering that question we look to the lawfulness of the police encounter and whether a search was conducted illegally to obtain the evidence against you. We consider whether the police had probable cause to search, and to arrest. In cases involving warrants, we look to whether the warrant was legally obtained. We consider whether any consent obtained to search was voluntary or coerced, and whether any entry into a vehicle, house, or personal belonging was otherwise tainted by police misconduct.

How do they know the drugs are yours?

If we get passed that point, the next question we ask is, "How do they know these drugs were yours?" In Oregon there's two kinds of possession: actual and constructive. Actual possession occurs when they find the drugs on you or you admit to possessing them. Constructive possession means you have the right to exercise control over them, but they aren't physically on your person. Constructive possession is more difficult to prove than actual possession, but under the law if you constructively or actually possessed drugs, you can still be charged.

Drug Dealing Quirks

If the case is charged as a delivery, we look to see the quantity of the drugs and whether there was an actual buy, or merely possession with the intent to deliver. We get access to the drugs and weigh them, then examine and photograph the physical evidence. Sometimes delivery cases are confusing because there was no hand-to-hand deal. And people wonder, "How can they charge me with drug dealing?" The State takes the position that drugs are like pizzas. If you've got one pizza, that's for personal use; if you've got twenty pizzas, you're going to do something else with them cause there's no way you'll eat all that for yourself. They view drugs the same way. Got a little dope? That's personal use. Got a lot? Poof. You're a drug dealer, even though there may be a totally different (and innocent) explanation.

Marijuana Grow Operations and Methamphetamine Labs

When we defend marijuana grow operations (grow ops) or meth labs or other cases involving manufacture of a controlled substances (MCS), the case will often turn on whether or not a commercial drug offense was taking place or just a small time operation. We inspect the premises of the operation, weigh the drugs confiscated, and in some instances, have independent tests run to determine whether or not the evidence really is illegal. We examine the other evidence collected: customer lists, alleged modifications to a structure, possession of weapons, quantities of cash, packaging materials and so forth to determine whether or not there's an innocent explanation that the police didn't consider. Because commercial drug offenses can carry stiff prison sentences, if we can prove a case was not a commercial offense, we've already won when our clients are no longer facing prison time, but merely optional probation.

Those are just some of our approaches. We want to do everything we can minimize the consequences of a PCS, MCS or DCS charge, not only by trying to keep you out of custody, but also to try and improve your life too.

Supplying contraband
Frequenting place where controlled substances use
Tampering with drug records
Causing another person to ingest controlled substance
Imitation controlled substance delivery
DCS, MCS, PCS
DCS, MCS, PCS
False application for prescription drugs
DCS to minors
DCS, MCS, PCS 1000' school
DCS, MCS, PCS 1000' school
PCS precursor w/ intent to manufacture

Are you charged with a possession, distribution or manufacture of a controlled substance? Let's talk.

Kahn & Ifversen Attorneys, L.L.P.
The initial telephone consultation is free.
(503) 241-4105

Kahn and Ifversen Attorneys are criminal defense lawyers who care about what happens to their clients. We've been protecting good people in trouble for over 17 years. Our law firm emphasizes:

Ballot Measure 11 felonies, appeals, criminal record expungements, theft crimes, traffic crimes, DUII / DWI, assault crimes, drug crimes, DMV hearings, and other felony crimes and misdemeanors.

We practice criminal law throughout Oregon and primarily in the following geographic areas: Multnomah County, Washington County, Clackamas County, Hood River County, Columbia County, Tillamook County, Marion County, Deschutes County, Lane County, Yamhill County, Columbia County, Benton County, and Linn County. Our criminal defense law firm is located in downtown Portland, Oregon.





	Drugs Are you charged with a drug case? The charges are typically alphabet soup: PCS I, MCS II, DCS I. The letters stand for Possession of a Controlled Substances (PCS), Manufacture of a Controlled Substance (MCS), and Distribution of a Controlled Substance (DCS). The Roman numerals following the charge (for example PCS II) means the drug is listed on the federal controlled substances schedule II. Schedule I drugs include marijuana, heroine, LSD, and psychedelic (psilocybe) mushrooms. Schedule II drugs include cocaine, methamphetamine, ecstasy, and crack cocaine. There are other schedules too, including ones for illegal possession, distribution or manufacture of prescription drugs. Did the police conduct an illegal search or seizure? We conduct a drug charge defense several ways. First we ask, "How did they learn you were associated with the drugs?" In answering that question we look to the lawfulness of the police encounter and whether a search was conducted illegally to obtain the evidence against you. We consider whether the police had probable cause to search, and to arrest. In cases involving warrants, we look to whether the warrant was legally obtained. We consider whether any consent obtained to search was voluntary or coerced, and whether any entry into a vehicle, house, or personal belonging was otherwise tainted by police misconduct. How do they know the drugs are yours? If we get passed that point, the next question we ask is, "How do they know these drugs were yours?" In Oregon there's two kinds of possession: actual and constructive. Actual possession occurs when they find the drugs on you or you admit to possessing them. Constructive possession means you have the right to exercise control over them, but they aren't physically on your person. Constructive possession is more difficult to prove than actual possession, but under the law if you constructively or actually possessed drugs, you can still be charged. Drug Dealing Quirks If the case is charged as a delivery, we look to see the quantity of the drugs and whether there was an actual buy, or merely possession with the intent to deliver. We get access to the drugs and weigh them, then examine and photograph the physical evidence. Sometimes delivery cases are confusing because there was no hand-to-hand deal. And people wonder, "How can they charge me with drug dealing?" The State takes the position that drugs are like pizzas. If you've got one pizza, that's for personal use; if you've got twenty pizzas, you're going to do something else with them cause there's no way you'll eat all that for yourself. They view drugs the same way. Got a little dope? That's personal use. Got a lot? Poof. You're a drug dealer, even though there may be a totally different (and innocent) explanation. Marijuana Grow Operations and Methamphetamine Labs When we defend marijuana grow operations (grow ops) or meth labs or other cases involving manufacture of a controlled substances (MCS), the case will often turn on whether or not a commercial drug offense was taking place or just a small time operation. We inspect the premises of the operation, weigh the drugs confiscated, and in some instances, have independent tests run to determine whether or not the evidence really is illegal. We examine the other evidence collected: customer lists, alleged modifications to a structure, possession of weapons, quantities of cash, packaging materials and so forth to determine whether or not there's an innocent explanation that the police didn't consider. Because commercial drug offenses can carry stiff prison sentences, if we can prove a case was not a commercial offense, we've already won when our clients are no longer facing prison time, but merely optional probation. Those are just some of our approaches. We want to do everything we can minimize the consequences of a PCS, MCS or DCS charge, not only by trying to keep you out of custody, but also to try and improve your life too. Supplying contraband Frequenting place where controlled substances use Tampering with drug records Causing another person to ingest controlled substance Imitation controlled substance delivery DCS, MCS, PCS DCS, MCS, PCS False application for prescription drugs DCS to minors DCS, MCS, PCS 1000' school DCS, MCS, PCS 1000' school PCS precursor w/ intent to manufacture Are you charged with a possession, distribution or manufacture of a controlled substance? Let's talk. Kahn & Ifversen Attorneys, L.L.P. The initial telephone consultation is free. (503) 241-4105 Kahn and Ifversen Attorneys are criminal defense lawyers who care about what happens to their clients. We've been protecting good people in trouble for over 17 years. Our law firm emphasizes: Ballot Measure 11 felonies, appeals, criminal record expungements, theft crimes, traffic crimes, DUII / DWI, assault crimes, drug crimes, DMV hearings, and other felony crimes and misdemeanors. We practice criminal law throughout Oregon and primarily in the following geographic areas: Multnomah County, Washington County, Clackamas County, Hood River County, Columbia County, Tillamook County, Marion County, Deschutes County, Lane County, Yamhill County, Columbia County, Benton County, and Linn County. Our criminal defense law firm is located in downtown Portland, Oregon.