73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1555
 
                         House Bill 2695
 
Sponsored by Representative NELSON (at the request of Ed Rosario)
 
 
                             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.
 
  Clarifies that person under influence of medical marijuana may
not operate commercial motor vehicles.
  Prohibits person using medical marijuana from exposing others
to secondhand smoke from marijuana. Punishes by maximum
imprisonment of 30 days, $1,250 fine, or both.
 
                        A BILL FOR AN ACT
Relating to medical marijuana; creating new provisions; and
  amending ORS 475.316.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.316 is amended to read:
  475.316. (1) No person authorized to possess, deliver or
produce marijuana for medical use pursuant to ORS 475.300 to
475.346 shall be excepted from the criminal laws of this state or
shall be deemed to have established an affirmative defense to
criminal charges of which possession, delivery or production of
marijuana is an element if the person, in connection with the
facts giving rise to such charges:
  (a) Drives under the influence of marijuana as provided in ORS
813.010;
   { +  (b) Drives a commercial motor vehicle while under the
influence of marijuana as provided in ORS 813.403; + }
    { - (b) - }   { + (c) + } Engages in the medical use of
marijuana in a public place as that term is defined in ORS
161.015, or in public view or in a correctional facility as
defined in ORS 162.135 (2) or youth correction facility as
defined in ORS 162.135 (6);
   { +  (d) Exposes any individual not in possession of a
registry identification card to secondhand smoke from
marijuana; + }
    { - (c) - }   { + (e) + } Delivers marijuana to any
individual who the person knows is not in possession of a
registry identification card;
    { - (d) - }   { + (f) + } Delivers marijuana for
consideration to any individual, even if the individual is in
possession of a registry identification card;
    { - (e) - }   { + (g) + } Manufactures or produces marijuana
at a place other than one address for property under the control
of the patient and one address for property under the control of
the primary caregiver of the patient that have been provided to
the Department of Human Services; or
    { - (f) - }   { + (h) + } Manufactures or produces marijuana
at more than one address.
  (2) { + (a) Violation of subsection (1)(d) of this section is a
Class C misdemeanor.
  (b) + } In addition to any other penalty allowed by law, a
person who the department finds has willfully violated the
provisions of ORS 475.300 to 475.346, or rules adopted under ORS
475.300 to 475.346, may be precluded from obtaining or using a
registry identification card for the medical use of marijuana for
a period of up to six months, at the discretion of the
department.
  SECTION 2.  { + The amendments to ORS 475.316 by section 1 of
this 2005 Act apply to acts that occur on or after the effective
date of this 2005 Act. + }
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