(1) Except for licensees and licensee representatives acting in accordance with ORS § 475C.005 to 475C.525 and any rule adopted under ORS § 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS § 475C.305, it is unlawful for any person to deliver a marijuana item.

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $125,000
Class A misdemeanorup to 364 daysup to $6,250
Class B misdemeanorup to 6 monthsup to $2,500
For details, see Or. Rev. Stat.161.605 and Or. Rev. Stat.Or. Rev. Stat.161.615

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Terms Used In Oregon Statutes 475C.345

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) Except as provided in subsection (3) of this section, unlawful delivery of a marijuana item is a Class A misdemeanor.

(3) Unlawful delivery of a marijuana item is:

(a) A Class B misdemeanor, if a person 21 years of age or older unlawfully delivers usable marijuana, for no consideration, to a person 21 years of age or older, and the total amount of usable marijuana delivered is not more than twice the amount described in ORS § 475C.305 (7).

(b) A Class C felony, if:

(A) The delivery involves:

(i) More than 16 times the applicable maximum amount specified in ORS § 475C.337 (1)(a), (c), (d), (e) or (f);

(ii) More than eight pounds of usable marijuana in a public place; or

(iii) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS § 475C.097.

(B) The marijuana item is delivered to a person under 21 years of age, unless the person delivering the marijuana item is under 24 years of age at the time of the delivery and delivers not more than one ounce of usable marijuana, for no consideration, to a person who is 16 years of age or older. [Formerly 475B.346]