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 2389
A-Engrossed
Senate Bill 728
Ordered by the Senate May 11
Including Senate Amendments dated May 11
Sponsored by Senator FERRIOLI (at the request of Teresa Dunn in
memory of Brandon Dunn)
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.
{ - Reclassifies crime of manufacturing or delivering
Schedule IV controlled substance as Class C felony. Punishes by
minimum of 364 days' imprisonment and $10,000 fine, and maximum
of five years' imprisonment and $125,000 fine. - }
{ - Reclassifies crime of possessing Schedule IV controlled
substance as Class A misdemeanor. Punishes by either 90 days in
treatment facility and $1,000 fine or one year's imprisonment and
$2,500 fine. - }
{ - Reclassifies crime of distribution of Schedule IV
controlled substance to minor as Class C felony. Punishes by
maximum of five years' imprisonment, $125,000 fine, or both. - }
{ + Subjects person who manufactures or delivers controlled
substance in Schedule IV and thereby causes death to person to
maximum of five years' imprisonment, $125,000 fine, or both.
Directs State Board of Pharmacy to classify marijuana as
controlled substance in Schedule II, III, IV or V. Directs board
to classify methamphetamine as controlled substance in Schedule
I. Specifies date by which board must classify marijuana and
methamphetamine. + }
A BILL FOR AN ACT
Relating to controlled substances; creating new provisions; and
amending ORS 475.840.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 475.840 is amended to read:
475.840. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to manufacture
or deliver a controlled substance. Any person who violates this
subsection with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class
A felony, except as otherwise provided in ORS 475.860.
(b) A controlled substance in Schedule II, is guilty of a Class
B felony, except as otherwise provided in ORS 475.878, 475.880,
475.882, 475.888, 475.890, 475.892, 475.904 and 475.906.
(c) A controlled substance in Schedule III, is guilty of a
Class C felony, except as otherwise provided in ORS 475.904 and
475.906.
(d) A controlled substance in Schedule IV, is guilty of a Class
B misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a Class
C misdemeanor.
(2) Except as authorized in ORS 475.005 to 475.285 and 475.840
to 475.980, it is unlawful for any person to create or deliver a
counterfeit substance. Any person who violates this subsection
with respect to:
(a) A counterfeit substance in Schedule I, is guilty of a Class
A felony.
(b) A counterfeit substance in Schedule II, is guilty of a
Class B felony.
(c) A counterfeit substance in Schedule III, is guilty of a
Class C felony.
(d) A counterfeit substance in Schedule IV, is guilty of a
Class B misdemeanor.
(e) A counterfeit substance in Schedule V, is guilty of a Class
C misdemeanor.
(3) It is unlawful for any person knowingly or intentionally to
possess a controlled substance unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of professional practice,
or except as otherwise authorized by ORS 475.005 to 475.285 and
475.840 to 475.980. Any person who violates this subsection with
respect to:
(a) A controlled substance in Schedule I, is guilty of a Class
B felony, except as otherwise provided in ORS 475.864.
(b) A controlled substance in Schedule II, is guilty of a Class
C felony.
(c) A controlled substance in Schedule III, is guilty of a
Class A misdemeanor.
(d) A controlled substance in Schedule IV, is guilty of a Class
C misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a
violation.
(4) In any prosecution under this section for manufacture,
possession or delivery of that plant of the genus Lophophora
commonly known as peyote, it is an affirmative defense that the
peyote is being used or is intended for use:
(a) In connection with the good faith practice of a religious
belief;
(b) As directly associated with a religious practice; and
(c) In a manner that is not dangerous to the health of the user
or others who are in the proximity of the user.
(5) The affirmative defense created in subsection (4) of this
section is not available to any person who has possessed or
delivered the peyote while incarcerated in a correctional
facility in this state.
{ + (6)(a) Notwithstanding subsection (1) of this section, a
person who manufactures or delivers a controlled substance in
Schedule IV and who thereby causes death to any person is guilty
of a Class C felony.
(b) For purposes of this subsection, causation is established
when the controlled substance plays a substantial role in the
death of any person. + }
SECTION 2. { + The State Board of Pharmacy shall classify
marijuana as a controlled substance in Schedule II, III, IV or
V. + }
SECTION 3. { + The State Board of Pharmacy shall classify
methamphetamine as a controlled substance in Schedule I. + }
SECTION 4. { + (1) The State Board of Pharmacy shall classify
marijuana in accordance with section 2 of this 2009 Act no later
than 180 days after the effective date of this 2009 Act.
(2) The board shall classify methamphetamine in accordance with
section 3 of this 2009 Act no later than 180 days after the
effective date of this 2009 Act. + }
SECTION 5. { + The amendments to ORS 475.840 by section 1 of
this 2009 Act apply to offenses committed on or after the
effective date of this 2009 Act. + }
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