Controlled Substances

ORS 475.904
Unlawful manufacture or delivery of controlled substance within 1,000 feet of school

  • exceptions


(1)

Except as authorized by ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), it is unlawful for any person to manufacture or deliver a schedule I, II or III controlled substance 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 or delivery of a controlled substance within 1,000 feet of a school is a Class A felony.

(3)

This section does not apply to:

(a)

A licensee or licensee representative, as those terms are defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), that is engaged in lawful activities; or

(b)

A person acting within the scope of and in compliance with ORS 475B.301 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery). [Formerly 475.999; 2015 c.614 §127]

(formerly 475.999)

Notes of Decisions

Although lack of consideration is one element of reducing delivery to misdemeanor, existence of consideration is not element of manufacture or delivery charged as felony. State ex rel Juvenile Dept. v. Flath, 158 Or App 249, 974 P2d 254 (1999)

State is not required to show that defendant intended drug activity to take place near school. State v. Rodriguez-Barrera, 213 Or App 56, 159 P3d 1201 (2007), Sup Ct review denied

Under 1999 version of statute, culpable mental state is not element of offense of delivering controlled substance within 1,000 feet of school property. State v. Rutley, 343 Or 368, 171 P3d 361 (2007)

Chapter 475

Law Review Citations

51 OLR 561 (1972); 69 OLR 171 (1990)


Source

Last accessed
Jun. 26, 2021