Controlled Substances

ORS 475.890
Unlawful delivery of methamphetamine

(1)

Except as authorized by ORS 475.005 (Definitions for ORS 475) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475), it is unlawful for any person to deliver methamphetamine.

(2)

Unlawful delivery of methamphetamine is a Class B felony.

(3)

Notwithstanding subsection (2) of this section, unlawful delivery of methamphetamine is a Class A felony if the delivery is to a person under 18 years of age.

(4)

The minimum fine for unlawful delivery of methamphetamine is $500. [2005 c.708 §16; 2011 c.597 §13]

Notes of Decisions

Unlawful delivery of methamphetamine is federal controlled substance offense for purposes of determining base offense level at sentencing by federal district court. U.S. v. Crum, 934 F3d 963 (9th Cir. 2019), cert. denied, Crum v. U.S., 140 S Ct 2629, 206 L Ed 2d 510 (2020)

Where defendant possessed small quantity of methamphetamine consistent with personal use, defendant’s possession of “tools of the trade,” such as scale and Ziploc baggies, is insufficient to prove attempted transfer of methamphetamine. State v. O’Hare, 309 Or App 357, 481 P3d 953 (2021)

Source

Last accessed
Mar. 11, 2023

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