475C.345
Unlawful delivery of marijuana item.
(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.
(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]
Notes of Decisions
Cited in
3
cases (
3 in the last 5 years), 2022–2025 · leading case:
State v. Hight, 340 Or. App. 406 (Or. Ct. App. 2025).
State v. Hight, 340 Or. App. 406 (Or. Ct. App. 2025).
“405(2) (e) and ORS 475C.345(3)(b)(B), and appeals a judgment sen- tencing her to two-years of probation.”
State v. V. L., 509 P.3d 142 (Or. Ct. App. 2022).
· cites it 3× “On appeal, youth argues that facts about a youth’s age are among the “facts alleged in the petition showing the youth to be within the jurisdiction of the court” that “must be established beyond a reasonable doubt” under ORS 419C.400(2), and that the juvenile court erred by…”
State v. Hight, 340 Or. App. 406 (Or. Ct. App. 2025).
“405 (2)(e) and ORS 475C.345(3)(b)(B), and appeals a judgment sentencing her to two-years of probation.”
— Or. Rev. Stat. § 475C.345(2) — 1 case
State v. V. L., 509 P.3d 142 (Or. Ct. App. 2022).
“On appeal, youth argues that facts about a youth’s age are among the “facts alleged in the petition showing the youth to be within the jurisdiction of the court” that “must be established beyond a reasonable doubt” under ORS 419C.400(2), and that the juvenile court erred by…”
— Or. Rev. Stat. § 475C.345(3)(b)(B) — 2 cases
State v. Hight, 340 Or. App. 406 (Or. Ct. App. 2025).
“405(2) (e) and ORS 475C.345(3)(b)(B), and appeals a judgment sen- tencing her to two-years of probation.”
State v. Hight, 340 Or. App. 406 (Or. Ct. App. 2025).
“405 (2)(e) and ORS 475C.345(3)(b)(B), and appeals a judgment sentencing her to two-years of probation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.