Mandy was driving in Oregon, which has legalized the use of…
Mandy was driving in Oregon, which has legalized the use of all drugs that the U.S. government classifies as “Schedule I” drugs. Schedule I drugs include marijuana, LSD, ecstasy, and heroin. It is a misdemeanor crime in Oregon, however, to “possess more than five grams of heroin.” Mandy had in her car one kilogram of marijuana, which she had picked up from a dealer in Northern California. Given that she was aware that all Schedule I drugs were legal in Oregon, she didn’t even try to conceal the marijuana and had it on the passenger seat in plain sight. Mandy was also not aware of the misdemeanor crime cited above. Mandy was then pulled over for speeding. The police officer saw the marijuana on Mandy’s front seat; when he asked if he could inspect the marijuana, Mandy consented. Given the sheer quantity of marijuana, it was packed in brick form in large plastic bags. The police officer opened one of the bags and, on very close inspection, noticed what looked like plastic inside the marijuana. He took the marijuana out of the bag and pealed it apart. Inside, he found several smaller plastic bags that contained heroin. He seized the rest of the marijuana and found more heroin, estimating that there were at least twenty grams of heroin altogether (which later turned out to be accurate). Mandy was not aware that the marijuana had any other drugs packed within it. Mandy was arrested for violating the aforementioned statute. Assume Oregon is an MPC jurisdiction. At trial, should a jury find Mandy guilty of violating the statute?