Bill Text: OR SB377 | 2011 | Regular Session | Introduced

Oregon Senate Bill 377 (Prior Session Legislation)

Introduced

Bill Title: Relating to marijuana; declaring an emergency.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB377 Detail]

Download: Oregon-2011-SB377-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 304

                         Senate Bill 377

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Authorizes court to enter judgment of conviction for Class A
misdemeanor when person is convicted of manufacturing amounts of
marijuana not greater than amounts permitted for possession under
Oregon Medical Marijuana Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to marijuana; creating new provisions; amending ORS
  161.705; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 161.705 is amended to read:
  161.705.   { - Notwithstanding ORS 161.525, - }  The court may
enter judgment of conviction for a Class A misdemeanor and make
disposition accordingly when:
  (1)(a) A person is convicted of   { - any - }   { + a + } Class
C felony;
  (b) A person is convicted of   { - a - }   { + the + } Class B
felony  { + of unlawful delivery of marijuana + } pursuant to ORS
475.860 (2)(a);
  (c) A person is convicted of the Class B felony of
 { + unlawful + } possession of marijuana pursuant to ORS 475.864
(2);   { - or - }
   { +  (d) A person is convicted of the Class A felony of
unlawful manufacture of marijuana pursuant to ORS 475.856 for an
amount that is not greater than the amount described in ORS
475.320 (1)(a) or (4)(a); or + }
    { - (d) - }   { + (e) + } A person convicted of   { - any of
the felonies - }   { + a felony + } described in   { - paragraphs
(a) to (c) of - }  this subsection  { - , - } or of a Class A
felony pursuant to ORS 166.720  { - , - }  has successfully
completed a sentence of probation; and
  (2) The court, considering the nature and circumstances of the
crime and the history and character of the defendant, believes
that it would be unduly harsh to sentence the defendant for a
felony.

  SECTION 2.  { + The amendments to ORS 161.705 by section 1 of
this 2011 Act apply to judgments entered on or after the
effective date of this 2011 Act. + }
  SECTION 3.  { + 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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