2017 ORS 475B.346¹
Unlawful delivery of marijuana item

(1) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545) and any rule adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), and except for a person acting within the scope of and in compliance with ORS 475B.301 (Applicability of provisions to homegrown marijuana and homemade cannabinoid products and concentrates), it is unlawful for any person to deliver a marijuana item.

(2) Except as provided in subsection (3) of this section, unlawful delivery of a marijuana item is a Class A misdemeanor.

(3) Unlawful delivery of a marijuana item is:

(a) A Class B misdemeanor, if a person 21 years of age or older unlawfully delivers usable marijuana, for no consideration, to a person 21 years of age or older, and the total amount of usable marijuana delivered is not more than twice the amount described in ORS 475B.301 (Applicability of provisions to homegrown marijuana and homemade cannabinoid products and concentrates) (7).

(b) A Class C felony, if:

(A) The delivery involves:

(i) More than 16 times the applicable maximum amount specified in ORS 475B.337 (Unlawful possession by person 21 years of age or older) (1)(a), (c), (d), (e) or (f);

(ii) More than eight pounds of usable marijuana in a public place; or

(iii) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105 (Retail license).

(B) The marijuana item is delivered to a person under 21 years of age, unless the person delivering the marijuana item is under 24 years of age at the time of the delivery and delivers not more than one ounce of usable marijuana, for no consideration, to a person who is 16 years of age or older. [2017 c.21 §5]

(formerly 475.300 to 475.346)

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), aff’d 344 Or 541, 185 P3d 453 (2008)

Law Review Cita­tions

52 WLR 1 (2015)

1 Legislative Counsel Committee, CHAPTER 475B—Cannabis Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.