(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]