74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1781
 
                         House Bill 2494
 
Sponsored by Representative LIM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Creates crime of unlawful possession of salvinorin A or Salvia
divinorum. Punishes by maximum of one year's imprisonment, $6,250
fine, or both.
  Creates crime of unlawful manufacture or delivery of salvinorin
A or Salvia divinorum. Punishes by maximum of 20 years'
imprisonment, $375,000 fine, or both.
  Requires State Board of Pharmacy to classify salvinorin A or
Salvia divinorum as Schedule I controlled substance.
 
                        A BILL FOR AN ACT
Relating to Salvia divinorum; creating new provisions; and
  amending ORS 475.840.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS 475.005 to 475.285. + }
  SECTION 2.  { + The State Board of Pharmacy shall adopt rules
to classify salvinorin A or Salvia divinorum as a Schedule I
controlled substance. + }
  SECTION 3.  { + Section 4 of this 2007 Act is added to and made
a part of ORS 475.840 to 475.980. + }
  SECTION 4.  { + (1) It is unlawful for any person knowingly or
intentionally to possess salvinorin A or Salvia divinorum.
  (2) Unlawful possession of salvinorin A or Salvia divinorum is
a Class A misdemeanor. + }
  SECTION 5. ORS 475.840 is amended to read:
  475.840. (1) Except as authorized by ORS 475.005 to 475.285 and
475.840 to 475.980, it is unlawful for any person to manufacture
or deliver a controlled substance. Any person who violates this
subsection with respect to:
  (a) A controlled substance in Schedule I, is guilty of a Class
A felony, except as otherwise provided in ORS 475.860.
  (b) A controlled substance in Schedule II, is guilty of a Class
B felony, except as otherwise provided in ORS 475.878, 475.880,
475.882, 475.888, 475.890, 475.892, 475.904 and 475.906.
  (c) A controlled substance in Schedule III, is guilty of a
Class C felony, except as otherwise provided in ORS 475.904 and
475.906.
  (d) A controlled substance in Schedule IV, is guilty of a Class
B misdemeanor.
  (e) A controlled substance in Schedule V, is guilty of a Class
C misdemeanor.
  (2) Except as authorized in ORS 475.005 to 475.285 and 475.840
to 475.980, it is unlawful for any person to create or deliver a
counterfeit substance. Any person who violates this subsection
with respect to:
  (a) A counterfeit substance in Schedule I, is guilty of a Class
A felony.
  (b) A counterfeit substance in Schedule II, is guilty of a
Class B felony.
  (c) A counterfeit substance in Schedule III, is guilty of a
Class C felony.
  (d) A counterfeit substance in Schedule IV, is guilty of a
Class B misdemeanor.
  (e) A counterfeit substance in Schedule V, is guilty of a Class
C misdemeanor.
  (3) It is unlawful for any person knowingly or intentionally to
possess a controlled substance unless the substance was obtained
directly from, or pursuant to, a valid prescription or order of a
practitioner while acting in the course of professional practice,
or except as otherwise authorized by ORS 475.005 to 475.285 and
475.840 to 475.980. Any person who violates this subsection with
respect to:
  (a) A controlled substance in Schedule I, is guilty of a Class
B felony, except as otherwise provided in ORS 475.864 { +  or
section 4 of this 2007 Act + }.
  (b) A controlled substance in Schedule II, is guilty of a Class
C felony.
  (c) A controlled substance in Schedule III, is guilty of a
Class A misdemeanor.
  (d) A controlled substance in Schedule IV, is guilty of a Class
C misdemeanor.
  (e) A controlled substance in Schedule V, is guilty of a
violation.
  (4) In any prosecution under this section for manufacture,
possession or delivery of that plant of the genus Lophophora
commonly known as peyote, it is an affirmative defense that the
peyote is being used or is intended for use:
  (a) In connection with the good faith practice of a religious
belief;
  (b) As directly associated with a religious practice; and
  (c) In a manner that is not dangerous to the health of the user
or others who are in the proximity of the user.
  (5) The affirmative defense created in subsection (4) of this
section is not available to any person who has possessed or
delivered the peyote while incarcerated in a correctional
facility in this state.
                         ----------