Bill Text: OR SB327 | 2011 | Regular Session | Introduced

Oregon Senate Bill 327 (Prior Session Legislation)

Introduced

Bill Title: Relating to controlled substances; declaring an emergency.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB327 Detail]

Download: Oregon-2011-SB327-Introduced.html



     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1523

                         Senate Bill 327

Sponsored by Senator FERRIOLI (in memory of Steven 'Upty '
  Uptegrove) (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates crime of unlawful manufacture of marijuana on public
land. Punishes by maximum of 20 years' imprisonment, $375,000
fine, or both.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to controlled substances; creating new provisions;
  amending ORS 475.840; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 475.840 to 475.920. + }
  SECTION 2.  { + (1) It is unlawful for a person to manufacture
marijuana on public land.
  (2) Unlawful manufacture of marijuana on public land is a Class
A felony. + }
  SECTION 3. ORS 475.840 is amended to read:
  475.840. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for   { - any - }   { + a + }
person to manufacture or deliver a controlled substance.
 { - Any - }   { + A + } person who violates this subsection with
respect to:
  (a) A controlled substance in Schedule I, is guilty of a Class
A felony, except as otherwise provided in ORS   { - 475.860 - }
 { +  475.886 and 475.890 + }.
  (b) A controlled substance in Schedule II, is guilty of a Class
B felony, except as otherwise provided in ORS  { + 475.856,
475.858, 475.860, 475.862, + } 475.878, 475.880, 475.882,
475.888,
  { - 475.890, - }  475.892, 475.904 and 475.906 { +  and section
2 of this 2011 Act + }.
  (c) A controlled substance in Schedule III, is guilty of a
Class C felony, except as otherwise provided in ORS 475.904 and
475.906.
  (d) A controlled substance in Schedule IV, is guilty of a Class
B misdemeanor.
  (e) A controlled substance in Schedule V, is guilty of a Class
C misdemeanor.
  (2) Except as authorized in ORS 475.005 to 475.285 and 475.840
to 475.980, it is unlawful for   { - any - }   { + a + } person

to create or deliver a counterfeit substance.   { - Any - }
 { + A + } person who violates this subsection with respect to:
  (a) A counterfeit substance in Schedule I, is guilty of a Class
A felony.
  (b) A counterfeit substance in Schedule II, is guilty of a
Class B felony.
  (c) A counterfeit substance in Schedule III, is guilty of a
Class C felony.
  (d) A counterfeit substance in Schedule IV, is guilty of a
Class B misdemeanor.
  (e) A counterfeit substance in Schedule V, is guilty of a Class
C misdemeanor.
  (3) It is unlawful for   { - any - }   { + a + } person
knowingly or intentionally to possess a controlled substance
unless the substance was obtained directly from, or pursuant to,
a valid prescription or order of a practitioner while acting in
the course of professional practice, or except as otherwise
authorized by ORS 475.005 to 475.285 and 475.840 to 475.980.
 { - Any - }   { + A + } person who violates this subsection with
respect to:
  (a) A controlled substance in Schedule I, is guilty of a Class
B felony, except as otherwise provided in ORS   { - 475.864 - }
 { +  475.894 + }.
  (b) A controlled substance in Schedule II, is guilty of a Class
C felony { + , except as provided in ORS 475.864 + }.
  (c) A controlled substance in Schedule III, is guilty of a
Class A misdemeanor.
  (d) A controlled substance in Schedule IV, is guilty of a Class
C misdemeanor.
  (e) A controlled substance in Schedule V, is guilty of a
violation.
  (4) In   { - any - }   { + a + } prosecution under this section
for manufacture, possession or delivery of that plant of the
genus Lophophora commonly known as peyote, it is an affirmative
defense that the peyote is being used or is intended for use:
  (a) In connection with the good faith practice of a religious
belief;
  (b) As directly associated with a religious practice; and
  (c) In a manner that is not dangerous to the health of the user
or others who are in the proximity of the user.
  (5) The affirmative defense created in subsection (4) of this
section is not available to   { - any - }   { + a + } person who
has possessed or delivered the peyote while incarcerated in a
correctional facility in this state.
  (6)(a) Notwithstanding subsection (1) of this section, a person
who  { + unlawfully + } manufactures or delivers a controlled
substance in Schedule IV and who thereby causes death to
 { - any - }  { + another + } person is guilty of a Class C
felony.
  (b) For purposes of this subsection, causation is established
when the controlled substance plays a substantial role in the
death of   { - any - }   { + the other + } person.
  SECTION 4.  { + Section 2 of this 2011 Act applies to the
unlawful manufacture of marijuana on public land on or after the
effective date of this 2011 Act. + }
  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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