Also For the Record....
Relating to persons under the influence of a controlled
substance; amending ORS 475.992.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.992 is amended to read:
475.992. (1) Except as authorized by ORS 430.400, 475.005 to
475.285 and 475.940 to 475.995, it is unlawful for any person to
manufacture { + , + } { - or - } deliver { + or be under the
influence of + } a controlled substance. Any person who violates
this subsection with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class
A felony.
(b) A controlled substance in Schedule II, is guilty of a Class
B felony.
(c) A controlled substance in Schedule III, is guilty of a
Class C felony.
(d) A controlled substance in Schedule IV, is guilty of a Class
B misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a Class
C misdemeanor.
(2) Notwithstanding the placement of marijuana in a schedule of
controlled substances under ORS 430.400, 475.005 to 475.285 and
475.940 to 475.995:
(a) Any person who delivers marijuana for consideration is
guilty of a Class B felony.
(b) Any person who delivers, for no consideration, less than
one avoirdupois ounce of the dried leaves, stems and flowers of
the plant Cannabis family Moraceae is guilty of a Class A
misdemeanor, except that any person who delivers, for no
consideration, less than five grams of the dried leaves, stems
and flowers of the plant Cannabis family Moraceae is guilty of a
violation, punishable by a fine of not less than $500 and not
more than $1,000. Fines collected under this paragraph shall be
forwarded to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account established in ORS 137.300.
(3) Except as authorized in ORS 430.400, 475.005 to 475.285 and
475.940 to 475.995, it is unlawful for any person to create or
deliver a counterfeit substance. Any person who violates this
subsection with respect to:
(a) A counterfeit substance in Schedule I, is guilty of a Class
A felony.
(b) A counterfeit substance in Schedule II, is guilty of a
Class B felony.
(c) A counterfeit substance in Schedule III, is guilty of a
Class C felony.
(d) A counterfeit substance in Schedule IV, is guilty of a
Class B misdemeanor.
(e) A counterfeit substance in Schedule V, is guilty of a Class
C misdemeanor.
(4) It is unlawful for any person knowingly or intentionally to
possess a controlled substance unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of professional practice,
or except as otherwise authorized by ORS 430.400, 475.005 to
475.285 and 475.940 to 475.995. Any person who violates this
subsection with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class
B felony.
(b) A controlled substance in Schedule II, is guilty of a Class
C felony.
(c) A controlled substance in Schedule III, is guilty of a
Class A misdemeanor.
(d) A controlled substance in Schedule IV, is guilty of a Class
C misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a
violation.
(f) Notwithstanding the placement of marijuana in a schedule of
controlled substances under ORS 430.400, 475.005 to 475.285 and
475.940 to 475.995, any person who knowingly or intentionally is
in unlawful possession of less than one avoirdupois ounce of the
dried leaves, stems and flowers of the plant Cannabis family
Moraceae is guilty of a violation, punishable by a fine of not
less than $500 and not more than $1,000. Fines collected under
this paragraph shall be forwarded to the Department of Revenue
for deposit in the Criminal Fine and Assessment Account
established under ORS 137.300.
(5) In any prosecution under this section for manufacture,
possession or delivery of that plant of the genus Lophophora
commonly known as peyote, it is an affirmative defense that the
peyote is being used or is intended for use:
(a) In connection with the good faith practice of a religious
belief;
(b) As directly associated with a religious practice; and
(c) In a manner that is not dangerous to the health of the user
or others who are in the proximity of the user.
(6) The affirmative defense created in subsection (5) of this
section is not available to any person who has possessed or
delivered the peyote while incarcerated in a correctional
facility in this state.
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