Controlled Substances

ORS 475.906
Penalties for unlawful delivery to minors

Text
Annotations 4

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 deliver a controlled substance to a person under 18 years of age. Any person who violates this section with respect to:

(1)

A controlled substance in Schedule I or II, is guilty of a Class A felony.

(2)

A controlled substance in Schedule III, is guilty of a Class B felony.

(3)

A controlled substance in Schedule IV, is guilty of a Class A misdemeanor.

(4)

A controlled substance in Schedule V, is guilty of a Class B misdemeanor. [Formerly 475.995]

(formerly 475.995)

Notes of Decisions

Under Former Similar Statute

Absent evidence that defendant had knowledge that person to whom he supplied drugs was under 18 and at least three years younger than defendant, defendant could not be convicted of furnishing marijuana to minor. State v. Blanton, 31 Or App 327, 570 P2d 411 (1977), aff'd 284 Or 591, 588 P2d 28 (1978)

In General

2001 version of this provision did not require culpable mental state with respect to age of recipient of controlled substance. State v. Jimenez-Correo, 248 Or App 200, 273 P3d 232 (2012)

Chapter 475

Law Review Citations

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