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
Senate Bill 728
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 as
introduced.
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.
A BILL FOR AN ACT
Relating to controlled substances; creating new provisions; and
amending ORS 475.840 and 475.906.
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 - } { + Class C felony + }.
(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 - } { + Class A + } 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) When a person is convicted of an offense described
in subsection (1)(d) of this section, a court shall impose a
sentence of at least 364 days' imprisonment and a fine of at
least $10,000.
(b) When a person is convicted of an offense described in
subsection (3)(d) of this section, a court shall impose a
sentence of:
(A) 90 days in a court-approved treatment facility and a fine
of $1,000; or
(B) One year's imprisonment and a fine of $2,500. + }
SECTION 2. ORS 475.906 is amended to read:
475.906. Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to deliver a
controlled substance to a person under 18 years of age. Any
person who violates this section with respect to:
(1) A controlled substance in Schedule I or II, is guilty of a
Class A felony.
(2) A controlled substance in Schedule III, is guilty of a
Class B felony.
(3) A controlled substance in Schedule IV, is guilty of a
{ - Class A misdemeanor - } { + Class C felony + }.
(4) A controlled substance in Schedule V, is guilty of a Class
B misdemeanor.
SECTION 3. { + The amendments to ORS 475.840 and 475.906 by
sections 1 and 2 of this 2009 Act apply to offenses committed on
or after the effective date of this 2009 Act. + }
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