77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3398
A-Engrossed
House Bill 3371
Ordered by the House April 8
Including House Amendments dated April 8
Sponsored by COMMITTEE ON REVENUE
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Provides for regulation of production, processing and sale of
marijuana and marijuana-infused products. Directs { - Oregon
Health Authority - } { + Oregon Liquor Control Commission + }
to license marijuana producers, marijuana processors, marijuana
wholesalers and marijuana retailers.
Provides for taxation of marijuana production. Directs
{ - Oregon Liquor Control - } commission to oversee taxation
of marijuana. Provides for distribution of moneys collected as
tax.
Punishes violations of Act by $1,000 fine. Punishes certain
other offenses by $650 fine.
Limits applicability of crimes in this state related to
manufacturing, distributing or possessing marijuana to person
under 21 years of age or, for delivery of marijuana, to person
who delivers marijuana to person under 21 years of age.
Becomes operative on July 1, 2014.
{ - Declares emergency, effective on passage. - }
{ + Takes effect on 91st day following adjournment sine
die. + }
A BILL FOR AN ACT
Relating to the Control, Regulation and Taxation of Cannabis Act;
creating new provisions; amending ORS 90.396, 453.858, 475.005,
475.525, 475.856, 475.860, 475.864, 475.900, 475.908, 475.910,
475.933 and 571.315; repealing ORS 475.059; prescribing an
effective date; and providing for revenue raising that requires
approval by a three-fifths majority.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Short title. Sections 1 to 47 of this 2013 Act
shall be known and may be cited as the Control, Regulation and
Taxation of Cannabis Act. + }
SECTION 2. { + Purposes and limitations. (1) The Legislative
Assembly finds and declares that:
(a) Marijuana is not a controlled substance under ORS chapter
475;
(b) The regulation of marijuana shall be modeled after the
regulation of liquor under ORS chapter 471; and
(c) The applicability of crimes in this state related to
manufacturing, delivering or possessing marijuana shall be
limited to persons under 21 years of age or, for delivery of
marijuana, to persons who deliver marijuana to persons under 21
years of age.
(2) The purposes of sections 1 to 47 of this 2013 Act are:
(a) To establish a comprehensive state policy concerning
Cannabis, which includes marijuana and industrial hemp, under
existing state law;
(b) To protect the safety, welfare, health and peace of the
people of this state by better prioritizing the state's limited
law enforcement resources;
(c) To eliminate the problems caused by the prohibition and
uncontrolled manufacture, delivery and possession of marijuana in
this state; and
(d) To ensure that the State Department of Agriculture issues
industrial hemp licenses and agricultural hemp seed production
permits in accordance with existing law.
(3) Sections 1 to 47 of this 2013 Act may not be construed:
(a) To amend or affect in any way the definition or
interpretation of the term 'controlled substance':
(A) In any statute or rule that applies to the operation of a
vehicle, boat or aircraft, including the Oregon Vehicle Code and
ORS chapters 830 and 837; or
(B) In any other statute or rule that does not expressly refer
to the definition of 'controlled substance' in ORS 475.005;
(b) To prohibit an employer from prohibiting the manufacture,
delivery, possession or use of marijuana in the workplace;
(c) To amend or affect any state or federal law relating to
tenancy;
(d) To prohibit a recipient of a federal grant or an applicant
for a federal grant from prohibiting the manufacture, delivery,
possession or use of marijuana to the extent necessary to satisfy
federal requirements for the grant;
(e) To prohibit a party to a federal contract or a person
applying to be a party to a federal contract from prohibiting the
manufacture, delivery, possession or use of marijuana to the
extent necessary to comply with the terms and conditions of the
contract or to satisfy federal requirements for the contract;
(f) To require a person to violate a federal law;
(g) To exempt a person from a federal law or obstruct the
enforcement of a federal law; or
(h) To amend or affect in any way the Oregon Medical Marijuana
Act.
(4) Consistent with subsections (1) to (3) of this section, it
is the policy of this state to encourage the development of all
industries. + }
SECTION 3. { + Definitions. As used in sections 1 to 47 of
this 2013 Act:
(1) 'Consumer' means a person who purchases, acquires, owns,
holds or uses marijuana or marijuana-infused products other than
for the purpose of resale in the regular course of business.
(2) 'Deliver' or 'delivery' has the meaning given that term in
ORS 475.005.
(3) 'Homegrown' or 'homemade' means produced for noncommercial
purposes.
(4) 'Manufacture' has the meaning given that term in ORS
475.005.
(5)(a) 'Marijuana' means:
(A) All parts of the plant Cannabis family Moraceae;
(B) Resin extracted from a part of the plant; or
(C) A compound, manufacture, salt, derivative, mixture or
preparation of the plant or the resin extracted from a part of
the plant.
(b) 'Marijuana' does not include:
(A) The mature stalks of the plant Cannabis family Moraceae;
(B) Fiber produced from the stalks of the plant;
(C) Oil or cake made from the seeds of the plant;
(D) A compound, manufacture, salt, derivative, mixture or
preparation of the mature stalks of the plant, fiber produced
from the stalks of the plant or oil or cake made from the seeds
of the plant, unless the compound, manufacture, salt, derivative,
mixture or preparation is of the resin extracted from the mature
stalks of the plant;
(E) A sterilized seed of the plant that is incapable of
germination; or
(F) Industrial hemp, as defined in ORS 571.300, or industrial
hemp commodities or products.
(6)(a) 'Marijuana-infused products' means products that contain
marijuana or marijuana extracts and that are intended for human
consumption.
(b) 'Marijuana-infused products' does not include marijuana.
(7) 'Marijuana processor' means a person who processes
marijuana or marijuana-infused products in this state.
(8) 'Marijuana producer' means a person who produces marijuana
in this state.
(9) 'Marijuana retailer' means a person who sells marijuana or
marijuana-infused products to a consumer in this state.
(10) 'Marijuana wholesaler' means a person who purchases
marijuana or marijuana-infused products in this state for resale
to a person other than a consumer in this state.
(11) 'Noncommercial' means not dependent or conditioned upon
the provision or receipt of financial consideration.
(12) 'Premises' means:
(a) All enclosed areas at a location that are used for the
production, processing or retail sale of marijuana or
marijuana-infused products; and
(b) All outside areas at a location that are used for the
production, processing or retail sale of marijuana or
marijuana-infused products.
(13) 'Process' includes the processing, packaging, repackaging,
labeling or relabeling of marijuana, marijuana-infused products
or any container of marijuana or marijuana-infused products.
(14) 'Produce' includes the production, manufacture, planting,
cultivation, growing or harvesting of marijuana or the production
or manufacture of marijuana-infused products.
(15)(a) 'Usable marijuana' means the dried leaves and flowers
of the plant Cannabis family Moraceae, and any mixture or
preparation thereof.
(b) 'Usable marijuana' does not include the seeds, stalks and
roots of the plant Cannabis family Moraceae. + }
SECTION 4. { + Exemptions. Sections 1 to 47 of this 2013 Act
do not apply:
(1) To the production, processing, keeping, storage or
transportation of homegrown marijuana if the total amount of
marijuana produced, processed, kept, stored or transported does
not exceed six mature marijuana plants and 24 ounces of usable
marijuana at a given time;
(2) To the production, processing, keeping, storage or
transportation of homemade marijuana-infused products if the
total amount of homemade marijuana-infused products produced,
processed, kept, stored or transported does not exceed 16 ounces
when in solid form;
(3) To the production, processing, keeping, storage or
transportation of homemade marijuana-infused products if the
total amount of homemade marijuana-infused products produced,
processed, kept, stored or transported does not exceed 72 ounces
when in liquid form; or
(4) To the extent a person acts within the scope of and in
compliance with the Oregon Medical Marijuana Act. + }
SECTION 5. { + Powers and duties of Oregon Liquor Control
Commission. (1) The Oregon Liquor Control Commission shall:
(a) Regulate the production, possession, sale, purchase,
transportation, importation and delivery of marijuana and
marijuana-infused products in accordance with sections 1 to 47 of
this 2013 Act.
(b) Grant, refuse, suspend or cancel licenses for the sale or
production of marijuana or marijuana-infused products and may
permit, in the commission's discretion, the transfer of a license
between persons.
(c) Collect the taxes and duties imposed under sections 25 to
36 of this 2013 Act and issue evidence of payment of taxes or
duties.
(d) Aid in the investigation and prosecution of violations of
sections 1 to 47 of this 2013 Act.
(e) Adopt rules as are necessary to administer or carry out the
commission's duties under sections 1 to 47 of this 2013 Act.
(f) Exercise all powers incidental, convenient or necessary to
administer or carry out the commission's duties under sections 1
to 47 of this 2013 Act.
(g) Regulate or prohibit advertising by marijuana producers,
marijuana retailers or marijuana wholesalers.
(h) Regulate the use of marijuana and marijuana-infused
products for scientific, pharmaceutical, manufacturing,
mechanical, industrial or other purposes.
(2) The commission may not purchase, own or sell marijuana or
marijuana-infused products. + }
SECTION 6. { + Powers and duties of Oregon Health Authority.
The Oregon Health Authority shall assist and cooperate with the
Oregon Liquor Control Commission to the extent necessary for the
commission to carry out the duties of the commission under
sections 1 to 47 of this 2013 Act. + }
SECTION 7. { + Powers and duties of State Department of
Agriculture. The State Department of Agriculture shall assist and
cooperate with the Oregon Liquor Control Commission to the extent
necessary for the commission to carry out the duties of the
commission under sections 1 to 47 of this 2013 Act. + }
SECTION 8. { + Purchase and use of marijuana by member or
employee. No provision of sections 1 to 47 of this 2013 Act
prevents any member or employee of the Oregon Liquor Control
Commission, the Oregon Health Authority or the State Department
of Agriculture from purchasing and keeping in possession, for the
personal use of the member or employee or members of the family
of the member or employee, any marijuana or marijuana-infused
products in the same manner as they may be purchased or kept by
any other person under sections 1 to 47 of this 2013 Act. + }
SECTION 9. { + Preemption of inconsistent charters and
ordinances. Sections 1 to 47 of this 2013 Act are designed to
operate uniformly throughout the state and preempt all municipal
charter enactments or local ordinances that are inconsistent with
sections 1 to 47 of this 2013 Act. + }
SECTION 10. { + Authority of cities and counties over
marijuana retailers. Cities and counties may adopt reasonable
time, place and manner ordinances for the regulation of marijuana
retailers if the governing body of the city or county makes
specific findings that adverse effects will otherwise occur. + }
SECTION 11. { + Licenses; federal law. The Oregon Liquor
Control Commission may not refuse to issue or renew, or suspend
or revoke, a license issued under sections 12 to 24 of this 2013
Act on the basis that producing, delivering and possessing
marijuana is prohibited by federal law. + }
SECTION 12. { + Oregon Liquor Control Commission's licensing
duties. (1) The Oregon Liquor Control Commission shall issue and
renew the licenses described in sections 14, 15, 16 and 17 of
this 2013 Act in the manner provided in sections 12 to 24 of this
2013 Act.
(2) Refusal to issue or renew, or suspension or revocation of,
a license as provided in sections 12 to 24 of this 2013 Act is
subject to the provisions of ORS chapter 183. + }
SECTION 13. { + Application for license; rules; fees. (1) A
person may apply to the Oregon Liquor Control Commission for the
issuance or renewal of a license described in section 14, 15, 16
or 17 of this 2013 Act on a form and in a manner prescribed by
the commission by rule. An application submitted under this
section must include the name and address of the applicant,
location of the premises that is to be operated under the license
and any other information the commission may require.
(2) The commission shall issue an applicant the license for
which the applicant applied if:
(a) The applicant is in compliance with this section;
(b) The commission considers the applicant qualified under
section 14, 15, 16 or 17 of this 2013 Act;
(c) For the issuance of a license, the commission considers the
applicant to be in compliance with section 20 of this 2013 Act;
and
(d) For the renewal of a license, the commission considers the
applicant to be in compliance with section 21 of this 2013 Act.
(3) The commission shall assess a nonrefundable fee for
processing an application to issue a license under this section.
The application processing fee shall be $250 or an amount that
the commission adopts by rule.
(4) The annual license fee for a license issued by the
commission under this section shall be $1,000 or an amount that
the commission adopts by rule. The license fee is nonrefundable
and shall be paid by each applicant upon the issuance or renewal
of a license. All moneys collected by the commission under this
section shall be deposited into the suspense account described in
section 35 of this 2013 Act for the purposes specified in
sections 35 and 36 of this 2013 Act. + }
SECTION 14. { + Production license; rules. (1) The Oregon
Liquor Control Commission shall adopt rules establishing the
qualifications of a marijuana producer.
(2) A marijuana producer must have a production license issued
by the commission for the premises at which marijuana is
produced. + }
SECTION 15. { + Processor license; rules. (1) The Oregon
Liquor Control Commission shall adopt rules establishing the
qualifications of a marijuana processor.
(2) A marijuana processor must have a processor license issued
by the commission for the premises at which marijuana or
marijuana-infused products are processed. + }
SECTION 16. { + Wholesale license; rules. (1) The Oregon
Liquor Control Commission shall adopt rules establishing the
qualifications of a marijuana wholesaler.
(2) A marijuana wholesaler must have a wholesale license issued
by the commission for the premises at which marijuana or
marijuana-infused products are received, kept, stored or
delivered. + }
SECTION 17. { + Retail license; rules. (1) The Oregon Liquor
Control Commission shall adopt rules establishing the
qualifications of a marijuana retailer.
(2) A marijuana retailer must have a retail license issued by
the commission for the premises at which marijuana or
marijuana-infused products are sold. + }
SECTION 18. { + Characteristics of license. (1) A license
issued under section 13 of this 2013 Act:
(a) Shall be a personal privilege.
(b) Shall be valid for one year as described in section 19 of
this 2013 Act.
(c) Shall be renewable as described in section 13 of this 2013
Act.
(d) Shall be suspendible or revocable as described in section
21 of this 2013 Act.
(e) Shall be transferable from the premises for which the
license was originally issued to another premises, subject to
sections 1 to 47 of this 2013 Act, rules adopted by the Oregon
Liquor Control Commission under sections 12 to 24 of this 2013
Act and any city or county ordinance.
(f) Shall cease upon the death, insolvency or bankruptcy of the
licensee, except as provided in subsection (2) of this section.
(g) Does not constitute property.
(h) In not alienable.
(i) Is not subject to attachment or execution.
(j) Does not descend by the laws of testate or intestate
devolution.
(2) The commission may, by order, provide for the manner and
conditions under which:
(a) Marijuana or marijuana-infused products left by a deceased,
insolvent or bankrupt licensee, or subject to a security
interest, may be disposed of.
(b) The business of a deceased, insolvent or bankrupt licensee
may be operated for a reasonable period following the death,
insolvency or bankruptcy of the licensee.
(c) A license may be transferred from the premises for which
the license was originally issued to another premises. + }
SECTION 19. { + License terms. A license issued or renewed
under section 13 of this 2013 Act shall be issued for a period of
one year and expires at midnight on the date of issuance. + }
SECTION 20. { + Grounds for refusing to issue license. The
Oregon Liquor Control Commission may refuse to issue a license
under section 13 of this 2013 Act if the commission finds or has
reasonable ground to believe any of the following:
(1) That there are sufficient licensed premises in the location
requested in the application or that the granting of a license in
the location is not demanded by public interest or convenience.
In determining whether there are sufficient licensed premises in
the location, the commission shall consider seasonal fluctuations
in the population of the location and ensure that there are
adequate licensed premises to serve the needs of the location
during peak seasons.
(2) That the premises named in the application does not have
defined boundaries. The commission may require that a premises be
enclosed by a wall, fence or other structure as a condition of
issuing a license. The commission may not license premises that
are mobile.
(3) That the applicant:
(a) Is in the habit of using alcoholic beverages, habit-forming
drugs or controlled substances to excess.
(b) Has made false statements to the commission.
(c) Is incompetent or physically unable to meet the
requirements of the business proposed to be licensed.
(d) Has been convicted of violating any of the laws, general or
local, of this state if the conviction is substantially related
to the fitness and ability of the applicant to perform the duties
of a licensee.
(e) Is mentally incompetent.
(f) Is not of good repute and moral character.
(g) Does not have a good record of compliance with sections 1
to 47 of this 2013 Act or rules adopted under sections 1 to 47 of
this 2013 Act.
(h) Is not the legitimate owner of the business proposed to be
licensed or has not disclosed other persons who have an ownership
interest in the business.
(i) Has not demonstrated financial responsibility sufficient to
adequately meet the requirements of the business proposed to be
licensed. + }
SECTION 21. { + Grounds for revocation or suspension of
license. The Oregon Liquor Control Commission may revoke or
suspend a license issued under section 13 of this 2013 Act if the
commission finds or has reasonable ground to believe any of the
following:
(1) That the licensee:
(a) Has violated a provision of sections 1 to 47 of this 2013
Act or a rule adopted under sections 1 to 47 of this 2013 Act.
(b) Has made a false representation or statement to the
commission in order to induce or prevent action by the
commission.
(c) Is mentally incompetent.
(d) Is insolvent or physically unable to carry on the
management of the business that is licensed.
(e) Is in the habit of using alcoholic beverages, habit-forming
drugs or controlled substances to excess.
(f) Has made a false representation or statement to a consumer
or the public concerning marijuana or marijuana-infused products
sold by the licensee.
(g) Since the issuance of the license, has been convicted of a
crime related to marijuana use or a county or city ordinance
related to marijuana use.
(2) That there is any other reason that, in the opinion of the
commission, based on public convenience or necessity, warrants
revoking or suspending the license. + }
SECTION 22. { + No 'tied house' prohibitions. A person may
hold one or more production licenses, one or more processor
licenses and one or more retail licenses. + }
SECTION 23. { + Delivery of marijuana. A marijuana producer,
marijuana processor or marijuana wholesaler may deliver marijuana
and marijuana-infused products only to a licensed premises. A
marijuana retailer is restricted to selling marijuana and
marijuana-infused products on the premises described in the
license, but may deliver marijuana and marijuana-infused products
to consumers pursuant to bona fide orders received by a business
located on a licensed premises. + }
SECTION 24. { + Examination of books and premises of
licensees. (1) The Oregon Liquor Control Commission, after
providing 72 hours notice to a person licensed under sections 12
to 24 of this 2013 Act, may make an examination of the books kept
at the premises for the purpose of determining compliance with
sections 1 to 47 of this 2013 Act and rules adopted by the
commission under sections 1 to 47 of this 2013 Act.
(2) The commission may at any time make an examination of the
premises of a person licensed under sections 12 to 24 of this
2013 Act for the purpose of determining compliance with sections
1 to 47 of this 2013 Act and rules adopted under sections 1 to 47
of this 2013 Act. + }
SECTION 25. { + Administration by Oregon Liquor Control
Commission. The Oregon Liquor Control Commission shall administer
sections 25 to 36 of this 2013 Act and prescribe forms and adopt
rules as the commission considers necessary to enforce sections
25 to 36 of this 2013 Act. + }
SECTION 26. { + Tax on marijuana. (1) A tax is imposed upon
the privilege of engaging in business as a marijuana producer at
the rate of $35 per ounce on all marijuana produced in this
state.
(2) The rate of tax imposed by this section applies
proportionately to quantities of marijuana that are less than one
ounce.
(3) The tax imposed by this section shall be measured by the
amount of marijuana produced by a marijuana producer.
(4) All moneys collected by the Oregon Liquor Control
Commission under this section shall be deposited into the
suspense account described in section 35 of this 2013 Act for
purposes specified in sections 35 and 36 of this 2013 Act. + }
SECTION 27. { + Payment of taxes; refunds; interest or
penalty; appeal. (1) The privilege tax imposed by section 26 of
this 2013 Act shall be paid to the Oregon Liquor Control
Commission. Taxes to be paid during the periods for which
statements are required under section 28 of this 2013 Act shall
be paid before the time for filing such statements expires. If
not so paid, a penalty of 10 percent and interest at the rate of
one percent a month or fraction of a month shall be added and
collected. The commission may refund a tax payment imposed upon
or paid in error by a marijuana producer. The commission may
waive the collection or refund the payment of a tax imposed and
collected on marijuana determined by the commission to be unfit
for human consumption or not salable.
(2) The commission may waive any interest or penalty assessed
under this section if the commission, in its discretion,
determines that the marijuana producer has made a good faith
attempt to comply with the requirements of sections 25 to 36 of
this 2013 Act.
(3) Except in the case of fraud, the commission may not assess
any interest or penalty on any tax due under section 26 of this
2013 Act following the expiration of 36 months from the date on
which the statement required under section 28 of this 2013 Act
was filed.
(4) A marijuana producer may appeal a tax imposed under section
26 of this 2013 Act in the manner of a contested case under ORS
chapter 183. + }
SECTION 28. { + Statements by marijuana producers as to
quantities produced. On or before the 20th day of each month,
every marijuana producer shall file with the Oregon Liquor
Control Commission a statement of the quantity of marijuana
produced by the marijuana producer during the preceding calendar
month. + }
SECTION 29. { + Estimate by Oregon Liquor Control Commission
when statement not filed or false statement filed. If a marijuana
producer fails, neglects or refuses to file a statement required
by section 28 of this 2013 Act or files a false statement, the
Oregon Liquor Control Commission shall estimate the amount of
marijuana produced by the marijuana producer and assess the
privilege tax imposed under section 26 of this 2013 Act on the
basis of the estimate. The marijuana producer may not make an
appeal under section 27 of this 2013 Act if the marijuana
producer fails, neglects or refuses to file a statement or files
a false statement. + }
SECTION 30. { + Lien created by tax. The privilege tax imposed
under section 26 of this 2013 Act constitutes a lien upon, and
has the effect of an execution duly levied against, any and all
property of the marijuana producer. The lien attaches at the time
the marijuana subject to the tax was produced and remains until
the tax is paid or the property is sold in payment for the tax.
The lien created by this section is paramount to all private
liens or encumbrances. + }
SECTION 31. { + Records to be kept by marijuana producers.
Every marijuana producer shall keep a complete and accurate
record of all sales of marijuana, and a complete and accurate
record of the number of ounces produced and the date of
production. The records must be in a form prescribed by the
Oregon Liquor Control Commission by rule and must contain any
information the commission requires by rule. + }
SECTION 32. { + Inspection of marijuana producer's records;
records to be kept for prescribed period. (1) The Oregon Liquor
Control Commission may, at any time, examine the records and
books of a marijuana producer. The commission may appoint
auditors, investigators and other employees that the commission
considers necessary to enforce its powers and perform its duties
under sections 25 to 36 of this 2013 Act.
(2) A marijuana producer shall maintain and keep for two years
all records required by section 31 of this 2013 Act and all books
of accounts related to the production of marijuana. A marijuana
producer shall provide copies of those records and books to the
commission when requested by the commission. + }
SECTION 33. { + Failure to pay tax or maintain records. (1) A
marijuana producer may not:
(a) Fail to pay the privilege tax imposed under section 26 of
this 2013 Act when it is due; or
(b) Falsify a statement required by section 28 of this 2013
Act.
(2) A person may not:
(a) Refuse to permit the Oregon Liquor Control Commission or a
representative of the commission to make an inspection of the
books and records authorized by sections 31 and 32 of this 2013
Act;
(b) Fail to keep books of accounts required by sections 25 to
36 of this 2013 Act;
(c) Fail to preserve the books for two years as required by
section 32 of this 2013 Act; or
(d) Alter, cancel or obliterate entries in the books of
accounts for the purpose of falsifying a record required by
sections 25 to 36 of this 2013 Act. + }
SECTION 34. { + State has exclusive right to tax marijuana.
No county or city of this state shall impose a fee or tax,
including occupation taxes, privilege taxes or inspection fees,
in connection with the production, sale, transporting, delivering
or handling of marijuana. + }
SECTION 35. { + Disposition of moneys; revolving fund. (1)
All moneys collected by the Oregon Liquor Control Commission
under sections 1 to 47 of this 2013 Act shall be paid to the
State Treasurer who shall credit the moneys to a suspense account
of the commission. Whenever the commission receives moneys in
excess of the amount legally due and payable to the commission,
the commission shall refund the excess amount by check drawn upon
the State Treasurer and charged to the suspense account. After
withholding a sum, not to exceed $250,000, as the commission
considers necessary as a revolving fund for refunds and a working
cash balance, the commission shall direct the State Treasurer to
transfer the moneys remaining in the suspense account to the
Cannabis Tax Account established under section 36 of this 2013
Act for the purpose of making the distributions required by
section 36 of this 2013 Act.
(2) All necessary expenditures of the commission incurred in
carrying out sections 1 to 47 of this 2013 Act, including sums
necessary to reimburse the suspense account of the commission,
shall be paid from the Cannabis Tax Account. + }
SECTION 36. { + Cannabis Tax Account; distribution of
available moneys. (1) There is established the Cannabis Tax
Account in the General Fund. The account shall consist of moneys
transferred to the account under section 35 of this 2013 Act.
(2) At the end of each month, the Oregon Liquor Control
Commission shall determine the amount of moneys available for
distribution in the Cannabis Tax Account and, after withholding
an amount that the commission considers necessary to carry out
the duties of the commission under sections 1 to 47 of this 2013
Act, direct the State Treasurer to distribute the moneys as
follows:
(a) Forty percent shall be transferred to the Common School
Fund;
(b) Twenty percent shall be transferred to the State Police
Account established under ORS 181.175;
(c) Twenty percent shall be transferred to the Mental Health
Alcoholism and Drug Services Account established under ORS
430.380; and
(d) Twenty percent shall be transferred to the General Fund for
general governmental purposes. + }
SECTION 37. { + Importing marijuana and marijuana-infused
products prohibited. Marijuana and marijuana-infused products may
not be imported into or exported from this state by any
person. + }
SECTION 38. { + Marijuana and marijuana-infused products may
not be given as prize. Marijuana and marijuana-infused products
may not be given as a prize, premium or consideration for a
lottery, contest, competition or game of chance or skill of any
kind. + }
SECTION 39. { + Duty of officers to enforce and to inform
district attorney. The state police, sheriffs, constables and
police officers in this state shall enforce sections 1 to 47 of
this 2013 Act and assist the Oregon Liquor Control Commission in
detecting violations of sections 1 to 47 of this 2013 Act and
apprehending offenders. An officer having notice, knowledge or
reasonable ground of suspicion of a violation of sections 1 to 47
of this 2013 Act shall immediately notify the district attorney
of the county in which the violation occurred and furnish the
district attorney with the names and addresses of all witnesses
and with other information within the officer's knowledge
pertaining to the violation. + }
SECTION 40. { + Confiscation of marijuana or marijuana-infused
products and property. Whenever an officer arrests a person for
violating sections 1 to 47 of this 2013 Act, the officer may take
into possession any marijuana or marijuana-infused products and
property used to produce, process or sell marijuana or
marijuana-infused products in the possession of the person or on
the premises where the violation occurred. If the person arrested
is convicted and it is found that the marijuana or
marijuana-infused products or property was used in violation of
the law, the marijuana or marijuana-infused products and property
is forfeited to the state. Forfeited marijuana and
marijuana-infused products shall be destroyed and forfeited
property shall be destroyed or sold. Proceeds from sold property
shall be deposited in the Common School Fund. + }
SECTION 41. { + Duty to notify of conviction of licensee. A
county court, district attorney or municipal authority,
immediately upon the conviction of a person licensed under
sections 12 to 24 of this 2013 Act, shall notify the Oregon
Liquor Control Commission of the conviction. + }
SECTION 42. { + Property and places as common nuisances. (1)
A room, house, building, boat, structure or place of any kind
where marijuana or marijuana-infused products are sold,
manufactured, bartered or given away in violation of the law, or
where persons are permitted to resort for the purpose of using
marijuana or marijuana-infused products in violation of the law,
or any place where marijuana or marijuana-infused products are
kept for sale, barter or gift in violation of the law, and all
marijuana or marijuana-infused products or property subject to
confiscation under section 40 of this 2013 Act that is kept and
used in such a place, is a common nuisance.
(2) A person may not maintain or assist in maintaining a common
nuisance under this section or knowingly suffer or permit a
common nuisance under this section to exist on property owned,
managed or leased by the person. + }
SECTION 43. { + Lien on place used to unlawfully handle
marijuana and marijuana-infused products. If the owner of a
premises knowingly has allowed the premises to be used or
occupied for the production, sale or possession of marijuana and
marijuana-infused products contrary to sections 1 to 47 of this
2013 Act, the premises is subject to a lien and may be sold to
pay all fines and costs assessed against the occupants of the
premises who committed the violation or violations. The lien may
be enforced by civil action in any court having jurisdiction by
the district attorney of the county where the premises is
located. + }
SECTION 44. { + Governor authorized to suspend license. In
case of invasion, disaster, insurrection, riot or imminent danger
of invasion, disaster, insurrection or riot, the Governor may,
for the duration of the invasion, disaster, insurrection, riot or
imminent danger of invasion, disaster, insurrection or riot,
immediately suspend without notice a license issued under
sections 12 to 24 of this 2013 Act in the area subject to or
threatened by the invasion, disaster, insurrection or riot. + }
SECTION 45. { + Penalties. (1) Violation of a provision of
sections 1 to 47 of this 2013 Act is a Class B violation.
(2) Subject to ORS 153.022, violation of a rule adopted by the
Oregon Liquor Control Commission under sections 1 to 47 of this
2013 Act is a Class B violation. + }
SECTION 46. { + Unlawful use of marijuana and
marijuana-infused products. (1) Notwithstanding sections 1 to 47
of this 2013 Act, it is unlawful for any person to engage in the
use of marijuana or marijuana-infused products in a public place,
as defined in ORS 161.015, in public view, in a correctional
facility as defined in ORS 162.135 or in a youth correction
facility as defined in ORS 162.135.
(2) Violation of this section is a specific fine violation.
The presumptive fine for a violation of this section is $650. + }
SECTION 47. { + Severability. If a provision of sections 1 to
47 of this 2013 Act or its application to a person or
circumstance is held invalid, the invalidity does not affect
other provisions or applications of sections 1 to 47 of this 2013
Act that can be given effect without the invalid provision or
application. To this end, the provisions of sections 1 to 47 of
this 2013 Act are severable. + }
SECTION 48. { + ORS 475.856, 475.858, 475.860, 475.862,
475.864, 571.300, 571.305 and 571.315 are added to and made a
part of sections 1 to 47 of this 2013 Act. + }
SECTION 49. ORS 475.856 is amended to read:
475.856. (1) It is unlawful for any person { + under 21 years
of age + } to manufacture marijuana.
(2) Unlawful manufacture of marijuana is a Class A felony.
SECTION 50. ORS 475.860 is amended to read:
475.860. (1) It is unlawful { + :
(a) + } For any person { + under 21 years of age + } to
deliver marijuana { - . - } { + ; or
(b) For any person to deliver marijuana to a person under 21
years of age. + }
(2) Unlawful delivery of marijuana is a:
(a) Class B felony if the delivery is for consideration.
(b) Class C felony if the delivery is for no consideration.
(3) Notwithstanding subsection (2) of this section, unlawful
delivery of marijuana is a:
(a) Class A misdemeanor, if the delivery is for no
consideration and consists of less than one avoirdupois ounce of
the dried leaves, stems and flowers of the plant Cannabis family
Moraceae; or
(b) Violation, if the delivery is for no consideration and
consists of less than five grams of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this paragraph is a specific fine violation. The presumptive fine
for a violation under this paragraph is $650.
(4) Notwithstanding subsections (2) and (3) of this section,
unlawful delivery of marijuana is a:
(a) Class A felony, if the delivery is to a person under 18
years of age and the defendant is at least 18 years of age and is
at least three years older than the person to whom the marijuana
is delivered; or
(b) Class C misdemeanor, if the delivery:
(A) Is for no consideration;
(B) Consists of less than five grams of the dried leaves, stems
and flowers of the plant Cannabis family Moraceae;
(C) Takes place in a public place, as defined in ORS 161.015,
that is within 1,000 feet of the real property comprising a
public or private elementary, secondary or career school attended
primarily by minors; and
(D) Is to a person who is 18 years of age or older { + but
under 21 years of age + }.
SECTION 51. ORS 475.864 is amended to read:
475.864. (1) It is unlawful for any person { + under 21 years
of age + } knowingly or intentionally to possess marijuana.
(2) Unlawful possession of marijuana is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful
possession of marijuana is a violation if the amount possessed is
less than one avoirdupois ounce of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this subsection is a specific fine violation. The presumptive
fine for a violation under this subsection is $650.
(4) Notwithstanding subsections (2) and (3) of this section,
unlawful possession of marijuana is a Class C misdemeanor if the
amount possessed is less than one avoirdupois ounce of the dried
leaves, stems and flowers of the plant Cannabis family Moraceae
and the possession takes place in a public place, as defined in
ORS 161.015, that is within 1,000 feet of the real property
comprising a public or private elementary, secondary or career
school attended primarily by minors.
SECTION 52. ORS 571.315 is amended to read:
571.315. (1) In addition to any other liability or penalty
provided by law, the State Department of Agriculture may revoke
or refuse to issue or renew an industrial hemp license or an
agricultural hemp seed production permit and may impose a civil
penalty for violation of:
(a) A license or permit requirement;
(b) License or permit terms or conditions;
(c) Department rules relating to growing or handling industrial
hemp; or
(d) A final order of the department that is specifically
directed to the grower's or handler's industrial hemp operations
or activities.
(2) The department may not impose a civil penalty under this
section that exceeds $2,500. The department shall impose civil
penalties under this section in the manner provided by ORS
183.745.
(3) The department may revoke or refuse to issue or renew an
industrial hemp license or an agricultural hemp seed production
permit for violation of any rule of the department that pertains
to agricultural operations or activities other than industrial
hemp growing or handling.
(4) A revocation of, or a refusal to issue or renew, an
industrial hemp license or an agricultural hemp seed production
permit is subject to ORS chapter 183.
{ + (5) The department may not revoke or refuse to issue or
renew an industrial hemp license or an agricultural hemp seed
production permit on the basis that hemp production or
possession, or commerce in industrial hemp commodities or
products, is prohibited by federal law. + }
SECTION 53. ORS 475.005 is amended to read:
475.005. As used in ORS 475.005 to 475.285 and 475.752 to
475.980, unless the context requires otherwise:
(1) 'Abuse' means the repetitive excessive use of a drug short
of dependence, without legal or medical supervision, which may
have a detrimental effect on the individual or society.
(2) 'Administer' means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any
other means, to the body of a patient or research subject by:
(a) A practitioner or an authorized agent thereof; or
(b) The patient or research subject at the direction of the
practitioner.
(3) 'Administration' means the Drug Enforcement Administration
of the United States Department of Justice, or its successor
agency.
(4) 'Agent' means an authorized person who acts on behalf of or
at the direction of a manufacturer, distributor or dispenser. It
does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
(5) 'Board' means the State Board of Pharmacy.
(6) 'Controlled substance':
(a) Means { + , except as provided in paragraphs (b) and (c) of
this subsection, + } a drug or its immediate precursor classified
in Schedules I through V under the federal Controlled Substances
Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035. The use
of the term 'precursor' in this paragraph does not control and is
not controlled by the use of the term 'precursor' in ORS 475.752
to 475.980.
(b) Does not { - mean - } { + include + } industrial hemp,
as defined in ORS 571.300, or industrial hemp commodities or
products.
{ + (c) Does not include marijuana. + }
(7) 'Counterfeit substance' means a controlled substance or its
container or labeling, which, without authorization, bears the
trademark, trade name, or other identifying mark, imprint, number
or device, or any likeness thereof, of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, delivered or dispensed the substance.
(8) 'Deliver' or 'delivery' means the actual, constructive or
attempted transfer, other than by administering or dispensing,
from one person to another of a controlled substance, whether or
not there is an agency relationship.
(9) 'Device' means instruments, apparatus or contrivances,
including their components, parts or accessories, intended:
(a) For use in the diagnosis, cure, mitigation, treatment or
prevention of disease in humans or animals; or
(b) To affect the structure of any function of the body of
humans or animals.
(10) 'Dispense' means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful
order of a practitioner, and includes the prescribing,
administering, packaging, labeling or compounding necessary to
prepare the substance for that delivery.
(11) 'Dispenser' means a practitioner who dispenses.
(12) 'Distributor' means a person who delivers.
(13) 'Drug' means:
(a) Substances recognized as drugs in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States or official National Formulary, or any supplement
to any of them;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or
animals;
(c) Substances (other than food) intended to affect the
structure or any function of the body of humans or animals; and
(d) Substances intended for use as a component of any article
specified in paragraph (a), (b) or (c) of this subsection;
however, the term does not include devices or their components,
parts or accessories.
(14) 'Electronically transmitted' or 'electronic transmission'
means a communication sent or received through technological
apparatuses, including computer terminals or other equipment or
mechanisms linked by telephone or microwave relays, or any
similar apparatus having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
(15) 'Manufacture' means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly by extraction
from substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging of
the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of
a controlled substance:
(a) By a practitioner as an incident to administering or
dispensing of a controlled substance in the course of
professional practice; or
(b) By a practitioner, or by an authorized agent under the
practitioner's supervision, for the purpose of, or as an incident
to, research, teaching or chemical analysis and not for sale.
(16) 'Marijuana':
(a) Except as provided in this subsection, means all parts of
the plant Cannabis family Moraceae, whether growing or not; the
resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant or its resin.
(b) Does not mean the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed
of the plant which is incapable of germination.
(c) Does not mean industrial hemp, as defined in ORS 571.300,
or industrial hemp commodities or products.
(17) 'Person' includes a government subdivision or agency,
business trust, estate, trust or any other legal entity.
(18) 'Practitioner' means physician, dentist, veterinarian,
scientific investigator, certified nurse practitioner, physician
assistant or other person licensed, registered or otherwise
permitted by law to dispense, conduct research with respect to or
to administer a controlled substance in the course of
professional practice or research in this state but does not
include a pharmacist or a pharmacy.
(19) 'Prescription' means a written, oral or electronically
transmitted direction, given by a practitioner for the
preparation and use of a drug. When the context requires,
'prescription ' also means the drug prepared under such written,
oral or electronically transmitted direction. Any label affixed
to a drug prepared under written, oral or electronically
transmitted direction shall prominently display a warning that
the removal thereof is prohibited by law.
(20) 'Production' includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
(21) 'Research' means an activity conducted by the person
registered with the federal Drug Enforcement Administration
pursuant to a protocol approved by the United States Food and
Drug Administration.
(22) 'Ultimate user' means a person who lawfully possesses a
controlled substance for the use of the person or for the use of
a member of the household of the person or for administering to
an animal owned by the person or by a member of the household of
the person.
SECTION 54. ORS 90.396 is amended to read:
90.396. (1) Except as provided in subsection (2) of this
section, after at least 24 hours' written notice specifying the
acts and omissions constituting the cause and specifying the date
and time of the termination, the landlord may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168, if:
(a) The tenant, someone in the tenant's control or the tenant's
pet seriously threatens to inflict substantial personal injury,
or inflicts any substantial personal injury, upon a person on the
premises other than the tenant;
(b) The tenant or someone in the tenant's control recklessly
endangers a person on the premises other than the tenant by
creating a serious risk of substantial personal injury;
(c) The tenant, someone in the tenant's control or the tenant's
pet inflicts any substantial personal injury upon a neighbor
living in the immediate vicinity of the premises;
(d) The tenant or someone in the tenant's control intentionally
inflicts any substantial damage to the premises or the tenant's
pet inflicts substantial damage to the premises on more than one
occasion;
(e)(A) The tenant intentionally provided substantial false
information on the application for the tenancy within the past
year;
(B) The false information was with regard to a criminal
conviction of the tenant that would have been material to the
landlord's acceptance of the application; and
(C) The landlord terminates the rental agreement within 30 days
after discovering the falsity of the information; or
(f) The tenant, someone in the tenant's control or the tenant's
pet commits any act that is outrageous in the extreme, on the
premises or in the immediate vicinity of the premises. For
purposes of this paragraph, an act is outrageous in the extreme
if the act is not described in paragraphs (a) to (e) of this
subsection, but is similar in degree and is one that a reasonable
person in that community would consider to be so offensive as to
warrant termination of the tenancy within 24 hours, considering
the seriousness of the act or the risk to others. An act that is
outrageous in the extreme is more extreme or serious than an act
that warrants a 30-day termination under ORS 90.392. Acts that
are ' outrageous in the extreme' include, but are not limited to,
the following acts by a person:
(A) Prostitution, patronizing a prostitute or promoting
prostitution, as described in ORS 167.007, 167.008 and 167.012;
(B) Manufacture, delivery or possession of a controlled
substance, as described in ORS 475.005, but not including
{ - : - }
{ - (i) The medical use of marijuana in compliance with ORS
475.300 to 475.346; - }
{ - (ii) Possession of, or delivery for no consideration of,
less than one avoirdupois ounce of marijuana as described in ORS
475.860 (3) or 475.864 (3); or - }
{ - (iii) - } possession of prescription drugs;
(C) Intimidation, as described in ORS 166.155 and 166.165; or
(D) Burglary as described in ORS 164.215 and 164.225.
(2) If the cause for a termination notice given pursuant to
subsection (1) of this section is based upon the acts of the
tenant's pet, the tenant may cure the cause and avoid termination
of the tenancy by removing the pet from the premises prior to the
end of the notice period. The notice must describe the right of
the tenant to cure the cause. If the tenant returns the pet to
the premises at any time after having cured the violation, the
landlord, after at least 24 hours' written notice specifying the
subsequent presence of the offending pet, may terminate the
rental agreement and take possession as provided in ORS 105.105
to 105.168. The tenant does not have a right to cure this
subsequent violation.
(3) For purposes of subsection (1) of this section, someone is
in the tenant's control if that person enters or remains on the
premises with the tenant's permission or consent after the tenant
reasonably knows or should know of that person's act or
likelihood to commit any act of the type described in subsection
(1) of this section.
(4) An act can be proven to be outrageous in the extreme even
if the act is one that does not violate a criminal statute.
Notwithstanding the references to criminal statutes in subsection
(1)(f) of this section, the landlord's burden of proof in an
action for possession under subsection (1) of this section is the
civil standard of proof by a preponderance of the evidence.
(5) If a good faith effort by a landlord to terminate the
tenancy under subsection (1)(f) of this section and to recover
possession of the rental unit under ORS 105.105 to 105.168 fails
by decision of the court, the landlord may not be found in
violation of any state statute or local ordinance requiring the
landlord to remove that tenant upon threat of fine, abatement or
forfeiture as long as the landlord continues to make a good faith
effort to terminate the tenancy.
SECTION 55. ORS 453.858 is amended to read:
453.858. As used in ORS 453.855 to 453.912:
{ - (1) 'Controlled substance' does not include
marijuana. - }
{ - (2) - } { + (1) + } 'Illegal drug manufacturing site'
means any property on which there is a reasonably clear
possibility of contamination with chemicals associated with the
manufacturing of controlled substances { + as defined in ORS
475.005 + } and:
(a) Where activity involving the unauthorized manufacture of a
controlled substance listed on Schedules I and II or any
precursor chemical for such substances occurs; or
(b) Wherein are kept, stored or located any of the devices,
equipment, things or substances used for the unauthorized
manufacture of a controlled substance listed on Schedules I and
II.
{ - (3) - } { + (2) + } 'Property' means any:
(a) Real property, improvements on real property or portions of
the improvements;
(b) Boat, trailer, motor vehicle or manufactured dwelling; or
(c) Contents of the items listed in paragraph (a) or (b) of
this subsection.
SECTION 56. ORS 475.525 is amended to read:
475.525. (1) It is unlawful for any person to sell or deliver,
possess with intent to sell or deliver or manufacture with intent
to sell or deliver drug paraphernalia, knowing that it will be
used to unlawfully plant, propagate, cultivate, grow, harvest,
manufacture, compound, convert, produce, process, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled
substance as defined by ORS 475.005.
(2) For the purposes of this section, 'drug paraphernalia '
means all equipment, products and materials of any kind which are
marketed for use or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, containing, concealing,
injecting, ingesting, inhaling or otherwise introducing into the
human body a controlled substance in violation of ORS 475.752 to
475.980. Drug paraphernalia includes, but is not limited to:
(a) Kits marketed for use or designed for use in unlawfully
planting, propagating, cultivating, growing or harvesting of any
species of plant which is a controlled substance or from which a
controlled substance can be derived;
(b) Kits marketed for use or designed for use in manufacturing,
compounding, converting, producing, processing or preparing
controlled substances;
(c) Isomerization devices marketed for use or designed for use
in increasing the potency of any species of plant which is a
controlled substance;
(d) Testing equipment marketed for use or designed for use in
identifying or in analyzing the strength, effectiveness or purity
of controlled substances;
(e) Scales and balances marketed for use or designed for use in
weighing or measuring controlled substances;
(f) Diluents and adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, marketed for use or
designed for use in cutting controlled substances;
{ - (g) Separation gins and sifters marketed for use or
designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining marijuana; - }
{ - (h) - } { + (g) + } Containers and other objects
marketed for use or designed for use in storing or concealing
controlled substances; and
{ - (i) - } { + (h) + } Objects marketed for use or
designed specifically for use in ingesting, inhaling or otherwise
introducing
{ - marijuana, - } cocaine { - , hashish or hashish oil - }
into the human body { - , such as: - } { + . + }
{ - (A) Metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent screens or
hashish heads; - }
{ - (B) Water pipes; - }
{ - (C) Carburetion tubes and devices; - }
{ - (D) Smoking and carburetion masks; - }
{ - (E) Roach clips, meaning objects used to hold burning
material that has become too small or too short to be held in the
hand, such as a marijuana cigarette; - }
{ - (F) Miniature cocaine spoons and cocaine vials; - }
{ - (G) Chamber pipes; - }
{ - (H) Carburetor pipes; - }
{ - (I) Electric pipes; - }
{ - (J) Air-driven pipes; - }
{ - (K) Chillums; - }
{ - (L) Bongs; - }
{ - (M) Ice pipes or chillers; and - }
{ - (N) Lighting equipment specifically designed for the
growing of controlled substances. - }
(3) Drug paraphernalia does not include hypodermic syringes or
needles.
(4) In determining whether an object is drug paraphernalia, a
trier of fact should consider, in addition to all other relevant
factors, the following:
(a) Instructions, oral or written, provided with the object
concerning its use;
(b) Descriptive materials accompanying the object which explain
or depict its use;
(c) National and local advertising concerning its use;
(d) The manner in which the object is displayed for sale;
(e) The existence and scope of legitimate uses for the object
in the community; and
(f) Any expert testimony which may be introduced concerning its
use.
(5) The provisions of ORS 475.525 to 475.565 do not apply to
persons registered under the provisions of ORS 475.125 or to
persons specified as exempt from registration under the
provisions of that statute.
SECTION 57. ORS 475.900 is amended to read:
475.900. (1) A violation of ORS 475.752, 475.806 to 475.894,
475.904 or 475.906 shall be classified as crime category 8 of the
sentencing guidelines grid of the Oregon Criminal Justice
Commission if:
(a) The violation constitutes delivery or manufacture of a
controlled substance and involves substantial quantities of a
controlled substance. For purposes of this paragraph, the
following amounts constitute substantial quantities of the
following controlled substances:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine, its salts, isomers or salts
of its isomers;
{ - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
{ - (E) One hundred and fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (F) - } { + (D) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (G) - } { + (E) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (H) - } { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(b) The violation constitutes possession, delivery or
manufacture of a controlled substance and the possession,
delivery or manufacture is a 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 of the following factors:
(A) The delivery was of heroin, cocaine, { - hashish,
marijuana, - } 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 ORS 166.270 (2), or the offender
used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in
possession of a firearm or other deadly or dangerous weapon as
defined in ORS 161.015 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 grams or more of a mixture or substance containing a
detectable amount of heroin;
(ii) Eight grams or more of a mixture or substance containing a
detectable amount of cocaine;
(iii) Eight grams or more of a mixture or substance containing
a detectable amount of methamphetamine;
{ - (iv) Eight grams or more of a mixture or substance
containing a detectable amount of hashish; - }
{ - (v) One hundred ten grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (vi) - } { + (iv) + } Twenty or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (vii) - } { + (v) + } Ten grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (viii) - } { + (vi) + } Four grams or more or 20 or
more pills, tablets or capsules of a mixture or substance
containing a detectable amount of:
(I) 3,4-methylenedioxyamphetamine;
(II) 3,4-methylenedioxymethamphetamine; or
(III) 3,4-methylenedioxy-N-ethylamphetamine.
(c) The violation constitutes a violation of ORS 475.848,
475.852, 475.858, 475.862, 475.868, 475.872, 475.878, 475.882,
475.888, 475.892 or 475.904.
(d) The violation constitutes manufacturing methamphetamine and
the manufacturing consists of:
(A) A chemical reaction involving one or more precursor
substances for the purpose of manufacturing methamphetamine; or
(B) Grinding, soaking or otherwise breaking down a precursor
substance for the purpose of manufacturing methamphetamine.
(e) The violation constitutes a violation of ORS 475.860 (4)(a)
or 475.906 (1) or (2).
(2) A violation of ORS 475.752 or 475.806 to 475.894 shall be
classified as crime category 6 of the sentencing guidelines grid
of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery of heroin, cocaine,
methamphetamine or 3,4-methylenedioxyamphetamine,
3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
(b) The violation constitutes possession of:
(A) Five grams or more of a mixture or substance containing a
detectable amount of heroin;
(B) Ten grams or more of a mixture or substance containing a
detectable amount of cocaine;
(C) Ten grams or more of a mixture or substance containing a
detectable amount of methamphetamine;
{ - (D) One hundred grams or more of a mixture or substance
containing a detectable amount of hashish; - }
{ - (E) One hundred fifty grams or more of a mixture or
substance containing a detectable amount of marijuana; - }
{ - (F) - } { + (D) + } Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic
acid diethylamide;
{ - (G) - } { + (E) + } Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or
psilocin; or
{ - (H) - } { + (F) + } Five grams or more or 25 or more
pills, tablets or capsules of a mixture or substance containing a
detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(3) Any felony violation of ORS 475.752 or 475.806 to 475.894
not contained in subsection (1) or (2) of this section shall be
classified as:
(a) Crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
delivery or manufacture of a controlled substance; or
(b) Crime category 1 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves
possession of a controlled substance.
(4) In order to prove a commercial drug offense, the state
shall plead in the accusatory instrument sufficient factors of a
commercial drug offense under subsections (1) and (2) of this
section. The state has the burden of proving each factor beyond a
reasonable doubt.
(5) As used in this section, 'mixture or substance' means any
mixture or substance, whether or not the mixture or substance is
in an ingestible or marketable form at the time of the offense.
SECTION 58. ORS 475.908 is amended to read:
475.908. (1) A person commits the crime of causing another
person to ingest a controlled substance if the person knowingly
or intentionally causes the other person to ingest, other than by
administering or dispensing, a controlled substance or a
controlled substance analog without consent of the other person.
A person who violates this subsection is guilty of a Class B
felony.
(2) Notwithstanding subsection (1) of this section, causing
another person to ingest a controlled substance is a Class A
felony if the person, with the intent of committing or
facilitating a crime of violence against the other person,
knowingly or intentionally causes the other person to ingest a
controlled substance or a controlled substance analog without
consent of the other person.
(3) For the purposes of this section:
(a)(A) Except as provided in subparagraph (B) of this
paragraph, 'controlled substance analog' means a substance that:
(i) Has a chemical structure that is substantially similar to
the chemical structure of a controlled substance in Schedule I or
II.
(ii) Has a stimulant, depressant or hallucinogenic effect on
the central nervous system that is substantially similar to or
greater than the stimulant, depressant or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(B) 'Controlled substance analog' does not include:
(i) A controlled substance;
(ii) Any substance that has an approved drug application;
(iii) Any substance exempted under 21 U.S.C. 355 if the
ingestion is within the scope of investigation authorized under
21 U.S.C. 355; or
(iv) Distilled spirits, wine or malt beverages.
(b) 'Crime of violence' means:
(A) Rape in the first degree, as defined in ORS 163.375;
(B) Sodomy in the first degree, as defined in ORS 163.405;
(C) Unlawful sexual penetration in the first degree, as defined
in ORS 163.411;
(D) Sexual abuse in the first degree, as defined in ORS
163.427;
(E) Kidnapping in the first degree, as defined in ORS 163.235;
(F) Kidnapping in the second degree, as defined in ORS 163.225;
(G) Assault in the first degree, as defined in ORS 163.185; or
(H) Assault in the second degree, as defined in ORS 163.175.
(c) 'Ingest' means to consume or otherwise deliver a controlled
substance into the body of a person { - , except that ' ingest'
does not include inhalation of marijuana smoke - } .
SECTION 59. ORS 475.910 is amended to read:
475.910. { - (1) - } Except as authorized by ORS 475.005 to
475.285 or 475.752 to 475.980, it is unlawful for any person to
intentionally apply a controlled substance to the body of another
person by injection, inhalation, ingestion or any other means if
the other person is under 18 years of age. A person who violates
this section with respect to:
{ - (a) - } { + (1) + } A controlled substance in Schedule
I or II, is guilty of a Class A felony classified as crime
category 9 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission.
{ - (b) - } { + (2) + } A controlled substance in Schedule
III, is guilty of a Class B felony classified as crime category 8
of the sentencing guidelines grid of the Oregon Criminal Justice
Commission.
{ - (c) - } { + (3) + } A controlled substance in Schedule
IV, is guilty of a Class C felony.
{ - (d) - } { + (4) + } A controlled substance in Schedule
V, is guilty of a Class A misdemeanor.
{ - (2) It is a defense to a charge of violating subsection
(1) of this section by applying marijuana that the person
applying the marijuana was less than three years older than the
victim at the time of the alleged offense. - }
SECTION 60. ORS 475.933 is amended to read:
475.933. (1) When a court sentences a person convicted of a
crime listed in subsection (2) of this section, the court may not
impose a sentence of optional probation or grant a downward
dispositional departure or a downward durational departure under
the rules of the Oregon Criminal Justice Commission if the person
has a previous conviction for any of the crimes listed in
subsection (2) of this section.
(2) The crimes to which subsection (1) of this section applies
are:
(a) Manufacture or delivery of a controlled substance { - ,
other than marijuana, - } under ORS 475.752 (1);
(b) Creation or delivery of a counterfeit substance { - ,
other than marijuana, - } under ORS 475.752 (2);
(c) Manufacture or delivery of heroin under ORS 475.846,
475.848, 475.850 or 475.852;
(d) Manufacture or delivery of
3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868,
475.870 or 475.872;
(e) Manufacture or delivery of cocaine under ORS 475.876,
475.878, 475.880 or 475.882;
(f) Manufacture or delivery of methamphetamine under ORS
475.886, 475.888, 475.890 or 475.892;
(g) Manufacture or delivery of a controlled substance within
1,000 feet of a school under ORS 475.904;
(h) Delivery of a controlled substance to a person under 18
years of age under ORS 475.906; and
(i) Possession of a precursor substance with intent to
manufacture a controlled substance under ORS 475.967.
(3)(a) For a crime committed on or after November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of sentence. However, when sentences are imposed
for two or more convictions arising out of the same conduct or
criminal episode, none of the convictions is considered to have
occurred prior to any of the other convictions arising out of the
same conduct or criminal episode.
(b) For a crime committed prior to November 1, 1989, a
conviction is considered to have occurred upon the pronouncement
in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
(4) For purposes of this section, previous convictions must be
proven pursuant to ORS 137.079.
(5) As used in this section, 'previous conviction' means:
(a) Convictions occurring before, on or after July 1, 2009; and
(b) Convictions entered in any other state or federal court for
comparable offenses.
SECTION 61. { + ORS 475.059 is repealed. + }
SECTION 62. { + The amendments to + } { + ORS 90.396,
453.858, 475.005, 475.525, 475.856, 475.860, 475.864, 475.900,
475.908, 475.910 and 475.933 by sections 49 to 51 and 53 to 60 of
this 2013 Act and the repeal of ORS 475.059 by section 61 of this
2013 Act apply to conduct occurring on and after the operative
date specified in section 63 of this 2013 Act. + }
SECTION 63. { + (1) Sections 1 to 47 of this 2013 Act, the
amendments to ORS 90.396, 453.858, 475.005, 475.525, 475.856,
475.860, 475.864, 475.900, 475.908, 475.910, 475.933 and 571.315
by sections 49 to 60 of this 2013 Act and the repeal of ORS
475.059 by section 61 of this 2013 Act become operative on July
1, 2014.
(2) The Oregon Liquor Control Commission may take any action
before the operative date specified in subsection (1) of this
section that is necessary to enable the commission to exercise,
on and after the operative date specified in subsection (1) of
this section, all the duties, functions and powers conferred on
the commission by sections 1 to 47 of this 2013 Act, the
amendments to ORS 90.396, 453.858, 475.005, 475.525, 475.856,
475.860, 475.864, 475.900, 475.908, 475.910, 475.933 and 571.315
by sections 49 to 60 of this 2013 Act and the repeal of ORS
475.059 by section 61 of this 2013 Act. + }
SECTION 64. { + The section captions used in this 2013 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2013 Act. + }
SECTION 65. { + This 2013 Act takes effect on the 91st day
after the date on which the 2013 regular session of the
Seventy-seventh Legislative Assembly adjourns sine die. + }
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