75th OREGON LEGISLATIVE ASSEMBLY--2009 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 204
 
                           A-Engrossed
 
                         House Bill 2285
                   Ordered by the House May 6
             Including House Amendments dated May 6
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary)
 
 
                             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.
 
    { - Decreases penalty for crime of cheating to maximum of one
year's imprisonment, $6,250 fine, or both. - }
   { +  Makes crime of delivery of marijuana punishable by
maximum of five years' imprisonment, $125,000 fine, or both if
delivery is for no consideration. + }
 
                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  161.705 and 475.860.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.860 is amended to read:
  475.860. (1) It is unlawful for any person to deliver
marijuana.
  (2) Unlawful delivery of marijuana is a { + :
  (a) + } Class B felony if the delivery is for consideration.
   { +  (b) Class C felony if the delivery is for no
consideration. + }
  (3) Notwithstanding subsection (2) of this section, unlawful
delivery of marijuana is a:
  (a) Class A misdemeanor, if the delivery is for no
consideration and consists of less than one avoirdupois ounce of
the dried leaves, stems and flowers of the plant Cannabis family
Moraceae; or
  (b) Violation, if the delivery is for no consideration and
consists of less than five grams of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under
this paragraph is punishable by a fine of not less than $500 and
not more than $1,000. Fines collected under this paragraph shall
be forwarded to the Department of Revenue for deposit in the
Criminal Fine and Assessment Account established in ORS 137.300.
  (4) Notwithstanding subsections (2) and (3) of this section,
unlawful delivery of marijuana is a:
  (a) Class A felony, if the delivery is to a person under 18
years of age and the defendant is at least 18 years of age and is
at least three years older than the person to whom the marijuana
is delivered; or
  (b) Class C misdemeanor, if the delivery:
  (A) Is for no consideration;
  (B) Consists of less than five grams of the dried leaves, stems
and flowers of the plant Cannabis family Moraceae;
  (C) Takes place in a public place, as defined in ORS 161.015,
that is within 1,000 feet of the real property comprising a
public or private elementary, secondary or career school attended
primarily by minors; and
  (D) Is to a person who is 18 years of age or older.
  SECTION 2. ORS 161.705 is amended to read:
  161.705. Notwithstanding ORS 161.525, the court may enter
judgment of conviction for a Class A misdemeanor and make
disposition accordingly when:
  (1)(a) A person is convicted of any Class C felony;
  (b) A person is convicted of a Class B felony pursuant to ORS
475.860 (2) { + (a) + };
  (c) A person is convicted of the Class B felony of possession
of marijuana pursuant to ORS 475.864 (2); or
  (d) A person convicted of any of the felonies described in
paragraphs (a) to (c) of this subsection, or of a Class A felony
pursuant to ORS 166.720, has successfully completed a sentence of
probation; and
  (2) The court, considering the nature and circumstances of the
crime and the history and character of the defendant, believes
that it would be unduly harsh to sentence the defendant for a
felony.
  SECTION 3.  { + The amendments to ORS 161.705 and 475.860 by
sections 1 and 2 of this 2009 Act apply to conduct occurring on
or after the effective date of this 2009 Act. + }
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