Chapter 494
AN ACT
SB 296
Relating to controlled substances; amending ORS 475.900.
Be It Enacted by the People of
the State of
SECTION 1. ORS 475.900 is amended to read:
475.900. (1) A violation
of ORS 475.840, [or] 475.846 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) Two hundred or more
user units of a mixture or substance containing a detectable amount of lysergic
acid diethylamide;
(G) Sixty grams or more
of a mixture or substance containing a detectable amount of psilocybin or
psilocin; or
(H) 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)
Twenty or more user units of a mixture or substance containing a
detectable amount of lysergic acid diethylamide;
(vii) Ten grams or more
of a mixture or substance containing a detectable amount of psilocybin or
psilocin; or
(viii) 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, [475.860,] 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
475.840 or 475.846 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-methylenedioxymethamphet-
amine 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) Two hundred or more
user units of a mixture or substance containing a detectable amount of lysergic
acid diethylamide;
(G) Sixty grams or more
of a mixture or substance containing a detectable amount of psilocybin or
psilocin; or
(H) 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 475.840 or 475.846 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.
Approved by the Governor June 20, 2007
Filed in the office of Secretary of State June 21, 2007
Effective date January 1, 2008
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