2007 ORS 475.316¹
Limitations on cardholder’s immunity from criminal laws involving marijuana

(1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 (Findings) to 475.346 (Short title) shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges:

(a) Drives under the influence of marijuana as provided in ORS 813.010 (Driving under the influence of intoxicants);

(b) Engages in the medical use of marijuana in a public place as that term is defined in ORS 161.015 (General definitions), or in public view or in a correctional facility as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) (2) or youth correction facility as defined in ORS 162.135 (Definitions for ORS 162.135 to 162.205) (6);

(c) Delivers marijuana to any individual who the person knows is not in possession of a registry identification card;

(d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card;

(e) Manufactures or produces marijuana at a place other than a marijuana grow site authorized under ORS 475.304 (Marijuana grow site registration system); or

(f) Manufactures or produces marijuana at more than one address.

(2) In addition to any other penalty allowed by law, a person who the Department of Human Services finds has willfully violated the provisions of ORS 475.300 (Findings) to 475.346 (Short title), or rules adopted under ORS 475.300 (Findings) to 475.346 (Short title), may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the department. [1999 c.4 §5; 1999 c.825 §3; 2005 c.822 §13; 2007 c.573 §4]

Note: See note under 475.300 (Findings).

Notes of Decisions

Registry identifica­tion cardholder may not confer immunity on per­son other than designated primary caregiver to possess medical marijuana on behalf of cardholder. State v. Fries, 212 Or App 220, 158 P3d 10 (2007)

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.