75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 728
Sponsored by Senator FERRIOLI
CHAPTER ................
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:
Enrolled Senate Bill 728 (SB 728-B) Page 1
(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. { + (1) The State Board of Pharmacy shall classify
methamphetamine as a controlled substance in Schedule I.
(2) Notwithstanding subsection (1) of this section,
methamphetamine, its salts, isomers and salts of its isomers
shall be classified as a controlled substance in Schedule II for
purposes of currently accepted medical use in treatment in the
United States and currently accepted medical use with severe
restrictions within the meaning of 21 U.S.C. 812(b)(2). + }
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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Enrolled Senate Bill 728 (SB 728-B) Page 2
Passed by Senate May 13, 2009
Repassed by Senate June 19, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 11, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 728 (SB 728-B) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 728 (SB 728-B) Page 4