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 263
 
                           B-Engrossed
 
                         House Bill 2420
                  Ordered by the House June 19
      Including House Amendments dated March 22 and June 19
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Jackie
  Winters and Representative Bob Jenson)
 
 
                             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.
 
  Directs Oregon Criminal Justice Commission to amend rules to
prohibit optional probation sentences for persons convicted of
certain drug offenses.
  Includes delivery or manufacture of 10 or more grams of salts,
isomers or salts of isomers of methamphetamine in sentencing
guidelines grid.
    { - Appropriates moneys from General Fund to Emergency Board
for further allocation to Department of Corrections. - }
 
                        A BILL FOR AN ACT
Relating to manufacture of controlled substances; creating new
  provisions; and amending ORS 475.996.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Oregon Criminal Justice Commission
shall amend its rules and appendices to prohibit persons
convicted of manufacturing substantial quantities of
methamphetamine, its salts, isomers or salts of its isomers from
being eligible for an optional probation sentence.
  (2) As used in this section, 'substantial quantities' means
that quantity of methamphetamine, its salts, isomers or salts of
its isomers described in ORS 475.996 (1)(a). + }
  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 { + , 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) 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.
  (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) 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.
  (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.
  (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 1 of this 2001 Act applies to persons
convicted on or after the effective date of this 2001 Act. + }
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