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Asiento asignado por el Registro Nacional de Asociaciones Español: Grupo 1º, Sección 1ª, Numero 600121 - NIF: G76556646 ...

Oregon Drugged Driving

In Oregon, a person is guilty of DUI if he or she drives while (1) under the influence of intoxicating controlled substance; OR (2) under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance. Or. Ref. Stat. Ann. 813.010(1)(b)-(c) (West 2009).

Affirmative Defense

No person authorized to possess, deliver or produce marijuana for medical use pursuant to Oregon Law shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges drives under the influence of marijuana. Id. § 475.316(1)(a).*

* In addition to any other penalty allowed by law, a person who the Oregon Health Authority finds has willfully violated the provisions governing the distribution and use of medical cannabis in Oregon may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the authority. Id. § 475.316(2).

Implied Consent

  • A person commits the offense of refusal to take a test for intoxicants if the person refuses to take a breath or urine test when requested to do so with probable cause. Id. § 813.095(1).

  • The offense described in this section, refusal to take a test for intoxicants, is a traffic offense punishable by a fine of at least $500 and not more than $1,000. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. Id. § 813.095(2).

  • Person arrested for driving under influence of intoxicants has right to consult with counsel before he may be required to decide whether to submit to test, unless delay would defeat the purpose of test. Bunten v Motor Vehicles Div., 652 P2d 794 (1982).

Penalties

  • First Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; offender may be required to perform up to 160 hours of community service; minimum fine of $1000, but not to exceed $6,250; minimum 30 day license suspension. Id. § 813.010(4); Id. § 813.010 (6)(a).

  • Second Offense class A misdemeanor - mandatory minimum of 48 hours in jail; not more than 1 year in jail; offender may be required to perform up to 160 hours of community service; minimum fine of $1,500, but not to exceed $6,250; minimum 60 day license suspension Id. § 813.010(4); Id. § 813.010 (6)(b).

  • Third Offense class A misdemeanor - mandatory minimum of 48 hours in jail; not more than 1 year in jail; minimum fine of $2,000, but not more than $6,250; minimum 1 year license suspension. Id. § 813.010(4); Id. § 813.010 (6)(c).

  • Fourth Offense (within 10 years) Class C Felony - minimum fine of $2,000, but not to exceed $125,000; up to 5 years imprisonment; minimum 1 year license suspension. Id. § 813.010(5)(a); Id. § 813.010 (6)(c).

NOTE: Maximum fine court can impose is $10,000.

Other Penalties & Penalty Enhancers

  • DUI with passenger present in the motor vehicle is under 18 years of age and at least three years younger than the person driving the motor vehicle carries a maximum fine of $10,000. Id. § 813.010(7)(b).

Sobriety Checkpoints

In Oregon, sobriety checkpoints are illegal under the state's Constitution.

  • Sobriety checkpoint was found impermissible because stops conducted without any individual cause of suspicion. State v. Boyanovsky 743 P.2d 711 (Or. 1987).

  • Sobriety checkpoints must have legislative approval and guidelines. Evidence obtained from a checkpoint for criminal prosecution, without any cause of suspicion, is impermissible. Nelson v. Lane Co., 743 P.2d 692 (Or. 1987).

Oregon Medical Marijuana

SUMMARY: Fifty-five percent of voters approved Measure 67 on November 3, 1998. The law took effect on December 3, 1998. It removes state-level criminal penalties on the use, possession and cultivation of marijuana by patients who possess a signed recommendation from their physician stating that marijuana "may mitigate" his or her debilitating symptoms. Patients diagnosed with the following illnesses are afforded legal protection under this act: cachexia; cancer; chronic pain; epilepsy and other disorders characterized by seizures; glaucoma; HIV or AIDS; multiple sclerosis and other disorders characterized by muscle spasticity; and nausea. Other conditions are subject to approval by the Health Division of the Oregon Department of Human Resources. Patients (or their primary caregivers) may legally possess no more than three ounces of usable marijuana, and may cultivate no more than seven marijuana plants, of which no more than three may be mature. The law establishes a confidential state-run patient registry that issues identification cards to qualifying patients. Patients who do not join the registry or possess greater amounts of marijuana than allowed by law may argue the "affirmative defense of medical necessity" if they are arrested on marijuana charges.

The Oregon law does not include a reciprocity provision. However, the Oregon Court of Appeals has ruled (and the Oregon Medical Marijuana Program has confirmed) that patients from out of state are permitted to register with the Oregon Medical Marijuana Program to obtain a registry identification card, the same as an Oregon resident, which will protect them from arrest or prosecution while in Oregon. These out of state patients are required to obtain a recommendation for the medical use of marijuana from an Oregon licensed physician. State v. Berringer, 229 P3d 615 (2010).

AMENDMENTS: Yes.

House Bill 3052, which took effect on July 21, 1999, mandates that patients (or their caregivers) may only cultivate marijuana in one location, and requires that patients must be diagnosed by their physicians at least 12 months prior to an arrest in order to present an "affirmative defense." This bill also states that law enforcement officials who seize marijuana from a patient pending trial do not have to keep those plants alive. Last year the Oregon Board of Health approved agitation due to Alzheimer’s disease to the list of debilitating conditions qualifying for legal protection.

In August 2001, program administrators filed established temporary procedures further defining the relationship between physicians and patients. The new rule defines attending physician as "a physician who has established a physician/patient relationship with the patient; … is primarily responsible for the care and treatment of the patients; … has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file."

Also, Senate Bill 1085, which took effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial.

Other amendments to Oregon's medical marijuana law redefine "mature plants" to include only those cannabis plants that are more than 12 inches in height and diameter, and establish a state-registry for those authorized to produce medical cannabis to qualified patients.

MEDICAL MARIJUANA STATUTES:Oregon Medical Marijuana Act, Or. Rev. Stat. § 475.300 (2007).

CAREGIVERS: Yes. Designated primary caregiver is the person that has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition. Primary caregiver does not include the patient’s physician. The caregiver must be 18 years of age or older. A patient may only have one primary caregiver. Or. Rev. Stat. §§ 475.302(5); 475.312(2) (2007).

CONTACT INFORMATION: Application information for the Oregon medical marijuana registry is available online or by writing:

Oregon Department of Human Services
800 NE Oregon St.
Portland, OR 97232
(503) 731-4000
http://egov.oregon.gov/DHS/ph/ommp/index.shtml

Oregon Cannabis Patients registry: 1 (877) 600-6767

Oregon NORML Medical Marijuana Act Handbook (PDF) 

Oregon Penalties


Incarceration


Fine

Possession

Less than 1 oz

civil violation*

none

$500 - $1,000

1 oz to 110 g

class B felony

10 years**

$100,000

More than 110 g

felony

variable depending on prior record

variable

Medical use permitted with up to 24 oz, and 6 mature plants/18 immature seedlings, and state registration.
*Automatic 6 months suspension of driver's license.
**Conditional discharge available.

Sale, Cultivation or Manufacture

Gift of less than 5 g

misdemeanor

none

$500 - $1,000

Gift of 5g to 1 oz

class A misdemeanor

1 year

$5,000

Any amount

class B felony

10 years

$100,000

To a minor at least 3 years younger than seller, or within 1,000 feet of a school

felony

20 years

$300,000

Any manufacture

felony

20 years

$300,000

Miscellaneous (incl. paraphernalia)

Paraphernalia sale

misdemeanor

1 year

$5,000

All marijuana convictions result in a six month drivers license suspension, unless the court finds reason not to suspend driving privileges.

 

Details

 

Possession of less than one ounce of marijuana is punishable by a fine of $500 - $1,000. It is a civil violation and while the offense does not result in an arrest or a criminal record or the possibility of jail, it does carry an automatic 6 months suspension of one's driver's license. Possession of one ounce or more is punishable by up to 10 years in prison. Conditional discharge is possible for possession offenses. Possession of greater than 110 grams is considered a commercial drug offense and penalties are substantially greater, depending on the prior record of the offender.

Delivery of less than five grams, for no remuneration, is punishable by a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is punishable by up to one year in jail and a fine of up to $5,000. Any sale of marijuana is punishable by up to 10 years in prison and a fine of up to $100,000.

Possession of 24 ounces or less or cultivation of 24 plants or less is lawful for any person who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defense to any charges of possession or cultivation within the amount limits.

If you are over 17-years-old and deliver any amount of marijuana to a minor who is at least three years younger than you (whether or not you receive something for it), you committed a class A felony punishable by a maximum sentence of 20 years and a $100,000 fine.

Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school is punishable by up to 20 years in prison and a fine of up to $300,000.

Manufacturing any amount of marijuana is a very serious offense. 'Manufacturing' means growing even one plant and packaging, repackaging, labeling or relabeling marijuana. Manufacturing marijuana is a class A felony punishable by a maximum sentence of 20 years in prison and a $100,000 fine.

Knowingly maintaining, visiting or even staying at a place where people are using, storing, or selling marijuana is a class A misdemeanor punishable by up to a year in jail and a $5,000 fine. However, if the amount of marijuana is one ounce or less, and it is just kept or used on the premises, the fine is $100 and not a criminal conviction.

Any manufacture of marijuana is punishable by up to 20 years in prison and a fine of up to $300,000.

Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $5,000.

A conviction for manufacturing, possessing or delivering marijuana, or for driving under the influence of marijuana, will result in a six month drivers license suspension, unless the court finds compelling circumstances not to order the suspension of driving privileges.

Senate Bill 1085, which takes effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial.



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