74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
Senate Bill 296
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary)
CHAPTER ................
AN ACT
Relating to controlled substances; amending ORS 475.900.
Be It Enacted by the People of the State of Oregon:
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:
Enrolled Senate Bill 296 (SB 296-A) Page 1
(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). + }
Enrolled Senate Bill 296 (SB 296-A) Page 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.
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Enrolled Senate Bill 296 (SB 296-A) Page 3
Passed by Senate May 9, 2007
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 5, 2007
...........................................................
Speaker of House
Enrolled Senate Bill 296 (SB 296-A) Page 4
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled Senate Bill 296 (SB 296-A) Page 5