71st OREGON LEGISLATIVE ASSEMBLY--2001 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 375
 
                         House Bill 2353
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim Judiciary
  Committee for Oregon Criminal Justice Commission)
 
 
                             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 as
introduced.
 
  Adds gamma butyrolactone to list of precursor substances.
Expands offenses of possession, delivery or manufacture of
controlled substances to include specified amounts of gamma
hydroxybutyric acid.
  Creates crime of causing another person to ingest controlled
substance with intent to commit or facilitate sexual offense.
Punishes by maximum of 20 years' imprisonment, $300,000 fine, or
both.
  Creates crime of causing another person to ingest Schedule I or
II or specified Schedule III controlled substances. Punishes by
maximum of 10 years' imprisonment, $200,000 fine, or both.
  Creates crime of causing another person to ingest specified
Schedule III, IV or V controlled substances. Punishes by maximum
of five years' imprisonment, $100,000 fine, or both.
 
                        A BILL FOR AN ACT
Relating to controlled substances; creating new provisions; and
  amending ORS 475.940 and 475.996.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.940 is amended to read:
  475.940. (1)   { - This section establishes, for purposes of
ORS 475.950 and 475.955, substances that are precursor
substances. The following are precursor substances: - }   { + For
purposes of ORS 475.950 and 475.955, the following are precursor
substances: + }
  (a) Phenyl-2-propanone, Phenylacetone.
  (b) Methylamine in either gas or water solution.
  (c) D-lysergic acid.
  (d) Ergotamine tartrate.
  (e) Diethyl Malonate.
  (f) Malonic acid.
  (g) Ethyl Malonate.
  (h) Barbituric acid.
  (i) Piperidine.
  (j) N-acetylanthranilic acid.
  (k) Ethylamine.
  (L) Pyrolidine.
  (m) Phenylacetic acid.
  (n) Anthranilic acid.
  (o) Morpholine.
  (p) L-Ephedrine.
  (q) DL-Ephedrine.
   { +  (r) Gamma butyrolactone. + }
    { - (r) - }  { +  (s) + } Any substance established as a
precursor substance by rule under authority granted in ORS
475.945.
  (2) Any combination or compound containing ephedrine, or any of
its salts or isomers, which is prepared for over-the-counter sale
not otherwise prohibited by law is not a precursor substance for
the purpose of subsection (1) of this section.
  SECTION 2. ORS 475.996 is amended to read:
  475.996. (1) A violation of ORS 475.992 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;
  (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) Two hundred or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
 { - or - }
  (G) Sixty grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin { + ; or
  (H) Two hundred or more separately packaged user units of a
mixture or substance containing a detectable amount of gamma
hydroxybutyric acid + }.
  (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  { + or gamma hydroxybutyric acid + }
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 - }   { + The offender modified + }
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) Twenty or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
 { - or - }
  (vii) Ten grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin { + ; or
  (viii) Twenty or more separately packaged user units of a
mixture or substance containing a detectable amount of gamma
hydroxybutyric acid + }.
  (c) The violation constitutes a violation of ORS 475.999.
  (2) A violation of ORS 475.992 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 or
methamphetamine 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) Two hundred or more user units of a mixture or substance
containing a detectable amount of lysergic acid diethylamide;
 { - or - }
  (G) Sixty grams or more of a mixture or substance containing a
detectable amount of psilocybin or psilocin { + ; or
  (H) Two hundred or more separately packaged user units of a
mixture or substance containing a detectable amount of gamma
hydroxybutyric acid + }.
  (3) Any felony violation of ORS 475.992 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.
 
  SECTION 3.  { + Section 4 of this 2001 Act is added to and made
a part of ORS 475.940 to 475.995. + }
  SECTION 4.  { + (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
without consent of the other person. A person who violates this
subsection with respect to:
  (a) Flunitrazepam, ketamine or a controlled substance in
Schedule I or II is guilty of a Class B felony.
  (b) A controlled substance in Schedule III, IV or V, but not
including flunitrazepam or ketamine, is guilty of a Class C
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 sexual offense against the other person, knowingly
or intentionally causes the other person to ingest a controlled
substance without consent of the other person.
  (3) For the purposes of this section:
  (a) 'Sexual offense' 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; or
  (D) Sexual abuse in the first degree, as defined in ORS
163.427.
  (b) '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 if the inhalation has
been caused by a person whose primary intent is the personal use
of marijuana. + }
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