2017 ORS 475B.371¹
Administration to another person under 18 years of age

(1) Except as authorized under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability), 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655) and 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949) and rules adopted under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), 475B.550 (Definitions for ORS 475B.550 to 475B.590) to 475B.590 (Exemption from criminal liability), 475B.600 (Definitions for ORS 475B.600 to 475B.655) to 475B.655 (Civil penalty for violating ORS 475B.600 to 475B.655) and 475B.785 (Findings) to 475B.949 (Authority to adopt rules for ORS 475B.785 to 475B.949), it is unlawful for a person to intentionally administer a marijuana item to the body of another person who is under 18 years of age by inhalation, ingestion or any other means.

(2) Intentionally administering a marijuana item to the body of a person who is under 18 years of age is a Class A felony.

(3) A violation of this section shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

(4) It is an affirmative defense to a charge of intentionally administering a marijuana item to the body of a person who is under 18 years of age if:

(a) The person administering the marijuana item was less than three years older than the other person at the time of the administration, and the other person consented to the administration; or

(b) The marijuana item was administered for a medical purpose with the consent of the person under 18 years of age, and the person under 18 years of age was a registry identification cardholder as defined in ORS 475B.791 (Definitions for ORS 475B.785 to 475B.949) at the time of the administration. [2017 c.21 §12]

(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.