Oregon Statutes 475C.373 – Unlawful sale or delivery of marijuana paraphernalia
(1) As used in this section, ‘marijuana paraphernalia’ means an object that is marketed to be used for, or that is designed for, planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a marijuana item. ‘Marijuana paraphernalia’ does not include hypodermic syringes or needles.
Terms Used In Oregon Statutes 475C.373
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) It is unlawful for a person to sell or deliver, to possess with intent to sell or deliver or to manufacture with intent to sell or deliver marijuana paraphernalia to a person who is under 21 years of age, knowing that the marijuana paraphernalia will be used for the purpose for which it was marketed or designed.
(3) Violation of this section is a Class B violation.
(4) Subject to the provisions of ORS Chapter 131A, and notwithstanding the violation classification specified in subsection (3) of this section, the Oregon Liquor and Cannabis Commission may purchase, possess, seize or dispose of marijuana paraphernalia as is necessary for the commission to ensure compliance with and enforce this section and any rule adopted under this section.
(5) In determining whether an object is marijuana paraphernalia under this section or drug paraphernalia under ORS § 475.525, a trier of fact in an administrative or judicial proceeding must consider, in addition to any other relevant factor, the following:
(a) Any oral or written instruction provided with the object related to the object’s use;
(b) Any descriptive material packaged with the object that explains or depicts the object’s use;
(c) Any national or local advertising related to the object’s use;
(d) Any proffered expert testimony related to the object’s use;
(e) The manner in which the object is displayed for sale, if applicable; and
(f) Any other proffered evidence substantiating the object’s intended use. [Formerly 475B.376]