Unlawful manufacture or delivery of controlled substance within 1,000 feet of school
- exceptions
Source:
Section 475.904 — Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions, https://www.oregonlegislature.gov/bills_laws/ors/ors475.html
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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)