2017 ORS 475B.393¹
Protection for person obtaining assistance for cannabis-related overdose

(1) As used in this section, “cannabis-related overdose” means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of cannabis, or another substance with which cannabis was combined, that a person would reasonably believe requires medical attention.

(2)(a) A person who contacts emergency medical services or a law enforcement agency to obtain medical assistance for another person because of a cannabis-related overdose is immune from arrest or prosecution for violating ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age) or 475B.376 (Unlawful sale or delivery of marijuana paraphernalia) if the evidence of the offense was obtained because the person contacted emergency medical services or a law enforcement agency.

(b) A person who is in need of medical assistance because of a cannabis-related overdose is immune from arrest or prosecution for violating ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age) or 475B.376 (Unlawful sale or delivery of marijuana paraphernalia) if the evidence of the offense was obtained because any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

(3) A person may not be arrested for violating, or found to be in violation of, the conditions of the person’s pretrial release, probation, post-prison supervision or parole if the violation involves:

(a) The possession or use of a marijuana item or frequenting a place where marijuana items are used; and

(b)(A) The evidence of the violation was obtained because the person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a cannabis-related overdose; or

(B) The evidence of the violation was obtained because the person was in need of medical assistance due to a cannabis-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

(4)(a) A person may not be arrested on an outstanding warrant for violating ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age) or 475B.376 (Unlawful sale or delivery of marijuana paraphernalia), or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person’s probation, post-prison supervision or parole for conduct that would constitute a violation of ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age) or 475B.376 (Unlawful sale or delivery of marijuana paraphernalia), if the person was located because:

(A) The person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a cannabis-related overdose; or

(B) The person was in need of medical assistance due to a cannabis-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

(b) This subsection does not apply to outstanding federal warrants or outstanding warrants issued from other states.

(5) The immunity from arrest and prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than the offenses described in ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.341 (Unlawful possession by person under 21 years of age) and 475B.376 (Unlawful sale or delivery of marijuana paraphernalia). [2017 c.21 §19]

(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.