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MARIJUANA, LAWS GOVERNING
UPDATED GUIDELINES 2018 (CLICK HERE) 475.856 Unlawful manufacture of marijuana. (1) It is unlawful for any person to manufacture marijuana.
- Unlawful manufacture of marijuana is a Class A felony.
475.858 Unlawful manufacture of marijuana within 1,000 feet of school. (1) It is unlawful for any person to manufacture marijuana within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.
(2) Unlawful manufacture of marijuana within 1,000 feet of a school is a Class A felony.
475.860 Unlawful delivery of marijuana. (1) It is unlawful for any person to deliver marijuana.
(2) Unlawful delivery of marijuana is a:
(a) Class B felony if the delivery is for consideration.
(b) Class C felony if the delivery is for no consideration.
(3) Notwithstanding subsection (2) of this section, unlawful delivery of marijuana is a:
(a) Class A misdemeanor, if the delivery is for no consideration and consists of less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae; or
(b) Violation, if the delivery is for no consideration and consists of less than five grams of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this paragraph is a specific fine violation. The presumptive fine for a violation under this paragraph is $650.
(4) Notwithstanding subsections (2) and (3) of this section, unlawful delivery of marijuana is a:
(a) Class A felony, if the delivery is to a person under 18 years of age and the defendant is at least 18 years of age and is at least three years older than the person to whom the marijuana is delivered; or
(b) Class C misdemeanor, if the delivery:
(A) Is for no consideration;
(B) Consists of less than five grams of the dried leaves, stems and flowers of the plant Cannabis family Moraceae;
(C) Takes place in a public place, as defined in ORS 161.015, that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; and
- Is to a person who is 18 years of age or older.
475.862 Unlawful delivery of marijuana within 1,000 feet of school. (1) It is unlawful for any person to deliver marijuana within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.
(2) Unlawful delivery of marijuana within 1,000 feet of a school is a Class A felony.
475.864 Unlawful possession of marijuana. (1) It is unlawful for any person knowingly or intentionally to possess marijuana.
(2) Unlawful possession of marijuana is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful possession of marijuana is a violation if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this subsection is a specific fine violation. The presumptive fine for a violation under this subsection is $650.
- Notwithstanding subsections (2) and (3) of this section, unlawful possession of marijuana is a Class C misdemeanor if the amount possessed is less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae and the possession takes place in a public place, as defined in ORS 161.015, that is within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.