Summary: House Bill 2341 was Ordered printed by the Speaker (at the request of House Interim Committee on Judiciary) -- Relating to Marijuana.

Relating to Marijuana; creating new provisions; and amending ORS 167.222, 475.005, 475.302, ... ... Relating to Marijuana; creating new provisions; and amending ... introduced. Modifies definition of Marijuana for purposes of controlled substances ...

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Relating to Marijuana; creating new provisions; and amending ORS 167.222, 475.005, 475.302, 475.860 and 475.864.

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(16) 'Marijuana' means all parts of the plant Cannabis family Moraceae { + or of the plant Cannabis family Cannabaceae + }, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

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(3) 'Delivery' has the meaning given that term in ORS 475.005. 'Delivery' does not include transfer of Marijuana by a registry identification cardholder to another registry identification cardholder if no consideration is paid for the transfer.

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(6) 'Marijuana' has the meaning given that term in ORS 475.005.

(7) 'Marijuana grow site' means a location where Marijuana is produced for use by a registry identification cardholder and that is registered under the provisions of ORS 475.304.

(8) 'Medical use of Marijuana' means the production, possession, delivery, or administration of Marijuana, or paraphernalia used to administer Marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of the person's debilitating medical condition.

(9) 'Production' has the meaning given that term in ORS 475.005.

(10) 'Registry identification card' means a document issued by the department that identifies a person authorized to engage in the medical use of Marijuana and the person's designated primary caregiver, if any.

(11) 'Usable Marijuana' means the dried leaves and flowers of the plant Cannabis family Moraceae { + or of the plant Cannabis family Cannabaceae + }, and any mixture or preparation thereof, that are appropriate for medical use as allowed in ORS 475.300 to 475.346. 'Usable Marijuana' does not include the seeds, stalks and roots of the plant.

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(3) Notwithstanding subsection (2) of this section, if the conviction is for knowingly maintaining, frequenting or remaining at a place where less than one avoirdupois ounce of the dried leaves, stems, and flowers of the { + Marijuana + } plant { - Cannabis family Moraceae - } is found at the time of the offense under this section, frequenting a place where controlled substances are used is a Class D violation.

(4) As used in this section { - , - } { + :

(a) + } 'Frequents' means repeatedly or habitually visits, goes to or resorts to.

{ + (b) 'Marijuana plant' means the plant Cannabis family Moraceae or the plant Cannabis family Cannabaceae. + }

SECTION 4. ORS 475.860 is amended to read:

475.860. (1) It is unlawful for any person to deliver Marijuana.

(2) Unlawful delivery of Marijuana is a Class B felony if the delivery is for 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 { + Marijuana + } 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 { + Marijuana + } plant { - Cannabis family Moraceae - } . A violation under this paragraph is punishable by a fine of not less than $500 and not more than $1,000. Fines collected under this paragraph shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established in ORS 137.300.

(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 { + Marijuana + } 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

(D) Is to a person who is 18 years of age or older.

{ + (5) As used in this section, 'Marijuana plant' has the meaning given that term in ORS 167.222. + }

SECTION 5. ORS 475.864 is amended to read:

475.864. (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 { + Marijuana + } plant { - Cannabis family Moraceae - } . A violation under this subsection is punishable by a fine of not less than $500 and not more than $1,000. Fines collected under this subsection shall be forwarded to the Department of Revenue for deposit in the Criminal Fine and Assessment Account established under ORS 137.300.

(4) 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 { + Marijuana + } 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.

{ + (5) As used in this section, 'Marijuana plant' has the meaning given that term in ORS 167.222. + }

SECTION 6. { + The amendments to ORS 167.222, 475.005, 475.302, 475.860 and 475.864 by sections 1 to 5 of this 2009 Act apply to conduct occurring on or after the effective date of this 2009 Act. + }

The text on this Bill can be found in PDF format at: http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2341.intro.pdf

Status:

01/12 (H) First reading. Referred to Speaker's desk.
01/16 (H) Referred to Judiciary.

Testifying

Each speaker called to testify will have two minutes to address the committee. The order of testimony may be managed to ensure that all points of view on these measures are presented.

Staff respectfully requests that you submit 25 collated copies of written materials at the time of your testimony and, if possible, an electronic copy of materials provided to staff 24 hours prior to the meeting. Persons making presentations including the use of video, DVD, PowerPoint or overhead projection equipment are asked to contact committee staff and provide an electronic copy 24 hours prior to the meeting.

Whether you want to testify or not, it would be good to come to Salem for any hearings. It would be especially good to try to schedule a meeting with your Senator -or- Representative before the meeting, possible.

As with coming to court, if you decide to attend hearings, please dress appropriately and be polite and respectful.

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If you cannot attend, Please write and testify. You can find wording of the measures here: http://www.leg.state.or.us/bills_laws/

you can listen to the hearings online here http://www.leg.state.or.us/listn/

Details:  

> Modifies definition of Marijuana for purposes of controlled substances laws.  

A copy of the Bill may be found online at:

http://www.leg.state.or.us/09reg/measpdf/hb2300.dir/hb2341.intro.pdf

. and here .

http://www.leg.state.or.us/09reg/measures/hb2300.dir/hb2341.intro.html

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