Section 475C.353 - Classification of felony under ORS 475C.337, 475C.341, 475C.345 and 475C.349(1) Except as provided in subsections (3), (5) and (6) of this section, a felony under ORS 475C. 337 or 475C. 341 shall be classified as crime category 1 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.(2) Except as provided in subsections (3), (5) and (6) of this section, a felony under ORS 475C. 345 or 475C. 349 shall be classified as crime category 4 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.(3) Subject to subsection (4) of this section, a felony under ORS 475C. 337, 475C. 341, 475C. 345 or 475C. 349 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation is a commercial marijuana offense. A violation is a commercial marijuana offense for purposes of this subsection if the violation was accompanied by at least three of the following factors: (a) The offender delivered a marijuana item for consideration;(b) The offender was in possession of $300 or more in cash;(c) The offender was unlawfully in possession of a firearm or other weapon as described in ORS 166.270 (2), the offender used, attempted to use or threatened to use a deadly weapon or dangerous weapon, as those terms are defined in ORS 161.015, or the offender was in possession of a firearm or other deadly weapon or dangerous weapon for the purpose of using the deadly weapon or dangerous weapon;(d) The offender was in possession of materials being used for the packaging of marijuana items, such as scales, wrapping or foil, other than a material used to contain the marijuana item that is the subject of the violation;(e) The offender was in possession of marijuana item transaction records or customer lists;(f) The offender was in possession of stolen property;(g) The offender was in possession of manufacturing paraphernalia specifically designed for producing marijuana, such as recipes, precursor chemicals, laboratory equipment, lighting equipment, ventilating equipment or power generation equipment;(h) The offender modified structures by painting, wiring, plumbing or lighting the structures to facilitate the offense;(i) The offender used public lands to manufacture the marijuana item; or(j) The offender constructed fortifications or took security measures that had the potential to injure persons.(4) To prove that a violation is a commercial marijuana offense for purposes of subsection (3) of this section, the state must plead in the accusatory instrument at least three of the factors described in subsection (3) of this section. The state has the burden of proving each factor beyond a reasonable doubt.(5) A violation of ORS 475C. 337 (3)(d), 475C. 341 (4), 475C. 349 (3)(c)(B) or 475C. 349 (3)(c)(C) shall be classified as a crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation constitutes a marijuana offense involving reckless unlawful conduct. A violation of ORS 475C. 337 (3)(d), 475C. 341 (4), 475C. 349 (3)(c)(B) or 475C. 349 (3)(c)(C) is a marijuana offense involving reckless unlawful conduct if the person is aware of and consciously disregards a substantial and justifiable risk that the violation is accompanied by: (a) Any of the following factors: (A) Abusing or threatening to abuse the law or legal process;(B) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document, or other actual or purported government identification document, of another person;(C) Threatening to report another person to a government agency for the purpose of the other person's arrest or deportation;(D) Threatening to collect an unlawful debt;(E) Instilling in another person a fear that the person will withhold from the other person the necessities of life, including but not limited to lodging, food and clothing; or(F) Withholding wages earned without lawful justification;(b) The issuance of a citation to a person under ORS 654.071 for a violation of any state occupational safety or health law, regulation, rule or order, including any safety and health standards for agricultural labor housing and related facilities under the Oregon Safe Employment Act; or(c) Any of the following factors related to the environment: (A) Discharging, placing or causing to be placed any wastes, as defined in ORS 468B.005, into the waters of this state or in a location where the wastes are likely to escape or be carried into the waters of this state;(B) The unlawful use, storage, disposal, treatment or transport of hazardous waste, as defined in ORS 466.005;(C) The unlawful possession, use or application of a pesticide, as defined in ORS 634.006; or(D) The use of surface water or ground water in violation of ORS chapter 537.(6) A violation of ORS 475C. 337 (3)(d), 475C. 341 (4), 475C. 349 (3)(c)(B) or 475C. 349 (3)(c)(C) shall be classified as a crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation constitutes a marijuana offense involving knowing unlawful conduct. A violation of ORS 475C. 337 (3)(d), 475C. 341 (4), 475C. 349 (3)(c)(B) or 475C. 349 (3)(c)(C) is a marijuana offense involving knowing unlawful conduct if the person acts with knowledge, or with a conscious purpose to avoid knowledge, that the violation is accompanied by: (a) Any of the following factors: (A) Abusing or threatening to abuse the law or legal process;(B) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document, or other actual or purported government identification document, of another person;(C) Threatening to report another person to a government agency for the purpose the other person's arrest or deportation;(D) Threatening to collect an unlawful debt;(E) Instilling in another person a fear that the person will withhold from the other person the necessities of life, including but not limited to lodging, food and clothing; or(F) Withholding wages earned without lawful justification;(b) The issuance of a citation to a person under ORS 654.071 for a violation of any state occupational safety or health law, regulation, rule or order, including any safety and health standards for agricultural labor housing and related facilities under the Oregon Safe Employment Act; or(c) Any of the following factors related to the environment: (A) Discharging, placing or causing to be placed any wastes, as defined in ORS 468B.005, into the waters of this state or in a location where the wastes are likely to escape or be carried into the waters of this state;(B) The unlawful use, storage, disposal, treatment or transport of hazardous waste, as defined in ORS 466.005;(C) The unlawful possession, use or application of a pesticide, as defined in ORS 634.006; or(D) The use of surface water or ground water in violation of ORS chapter 537.Amended by 2023 Ch. 209, § 10, eff. 6/12/2023.