(1) No person authorized to possess, deliver or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges:
(a) Drives under the influence of marijuana as provided in ORS 813.010;
(b) Engages in the medical use of marijuana in a public place as that term is defined in ORS 161.015, or in public view or in a correctional facility as defined in ORS 162.135 (2) or youth correction facility as defined in ORS 162.135 (6);
(c) Delivers marijuana to any individual who the person knows is not in possession of a registry identification card;
(d) Delivers marijuana for consideration to any individual, even if the individual is in possession of a registry identification card;
(e) Manufactures or produces marijuana at a place other than a marijuana grow site authorized under ORS 475.304; or
(f) Manufactures or produces marijuana at more than one address.
(2) In addition to any other penalty allowed by law, a person who the Department of Human Services finds has willfully violated the provisions of ORS 475.300 to 475.346, or rules adopted under ORS 475.300 to 475.346, may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the department. [1999 c.4 §5; 1999 c.825 §3; 2005 c.822 §13; 2007 c.573 §4]
Note: See note under 475.300.
Section: Previous 475.303 475.304 475.305 475.306 475.309 475.312 475.315 475.316 475.319 475.320 475.323 475.324 475.325 475.326 475.328 NextLast modified: August 7, 2008