2017 ORS 475B.398¹
Affirmative defense

It is an affirmative defense to a charge of violating ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.346 (Unlawful delivery of marijuana item) or 475B.349 (Unlawful manufacture of marijuana item) that:

(1) The defendant had held a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), or was performing work for or on behalf of a person that had held a license issued under ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545);

(2) The violation concerned an activity for which the license exempts the person from ORS 475B.337 (Unlawful possession by person 21 years of age or older), 475B.346 (Unlawful delivery of marijuana item) or 475B.349 (Unlawful manufacture of marijuana item);

(3) The license had lapsed or had been suspended or revoked; and

(4) The defendant reasonably believed that the license had not lapsed or had not been suspended or revoked. [2017 c.21 §20]

(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.