2015 ORS 475.860¹
Unlawful delivery of marijuana
  • • exceptions

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This section is amended
Effective March 3, 2016
Chapter 24 Oregon Laws 2016 (HB 4014)
Relating to cannabis; creating new provisions; amending ORS 90.396, 305.620, 316.680, 419C.239, 419C.420, 419C.443, 471.001, 471.775, 475.245, 475.752, 475.856, 475.858, 475.860, 475.862, 475.864, 475.898, 475B.015, 475B.063, 475B.070, 475B.075, 475B.090, 475B.100, 475B.110, 475B.150, 475B.160, 475B.185, 475B.218, 475B.235, 475B.245, 475B.250, 475B.255, 475B.340, 475B.375, 475B.415, 475B.420, 475B.428, 475B.435, 475B.443, 475B.450, 475B.705, 475B.710, 475B.760, 475B.800, 809.265 and 813.215 and section 3, chapter 20, Oregon Laws 2015; repealing ORS 475B.120, 475B.285 and 811.481 and sections 173 and 175b, chapter 614, Oregon Laws 2015; and declaring an emergency.

(1) Except for licensees and licensee representatives, as those terms are defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.395), that are engaged in lawful activities, and except for a person acting within the scope of and in compliance with ORS 475B.245 (Applicability of licensing provisions to homegrown marijuana and homemade cannabinoid products and concentrates), it is unlawful for any person to deliver marijuana.

(2) Unlawful delivery of marijuana is a Class A misdemeanor.

(3) Notwithstanding subsection (2) of this section, unlawful delivery of marijuana is a:

(a) Class A violation, 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 a specific fine violation. The presumptive fine for a violation under this paragraph is $650.

(4) Notwithstanding subsections (2) and (3) of this section, unlawful delivery of marijuana is a Class C felony, if the delivery is to a person under 18 years of age and the defendant is at least 21 years of age. [2005 c.708 §31; 2009 c.610 §1; 2011 c.597 §88; 2015 c.1 §78; 2015 c.614 §122]

Notes of Decisions

Express imposi­tion of Class A felony liability for delivery of marijuana to per­sons under 18 years of age does not preclude use of other pro­vi­sion to impose Class A felony liability for delivery of marijuana where per­son is liable under both pro­vi­sions. State v. Brown, 232 Or App 472, 223 P3d 1056 (2009)

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/­ors475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.