(1) Except for licensees and licensee representatives, as those terms are defined in ORS 475B.015, that are engaged in lawful activities, and except for a person acting within the scope of and in compliance with ORS 475B.245, it is unlawful for any person to deliver marijuana.
(2) Unlawful delivery of marijuana is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, unlawful delivery of marijuana is a:
(a) Class A violation, if the delivery is for no consideration and consists of less than one avoirdupois ounce of the dried leaves, stems and flowers of the plant Cannabis family Moraceae; or
(b) Violation, if the delivery is for no consideration and consists of less than five grams of the dried leaves, stems and flowers of the plant Cannabis family Moraceae. A violation under this paragraph is a specific fine violation. The presumptive fine for a violation under this paragraph is $650.
(4) Notwithstanding subsections (2) and (3) of this section, unlawful delivery of marijuana is a Class C felony, if the delivery is to a person under 18 years of age and the defendant is at least 21 years of age. [2005 c.708 §31; 2009 c.610 §1; 2011 c.597 §88; 2015 c.1 §78; 2015 c.614 §122]