Administration to another person under 18 years of age.

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(2) Intentionally administering a marijuana item to the body of a person who is under 18 years of age is a Class A felony.

(3) A violation of this section shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

(4) It is an affirmative defense to a charge of intentionally administering a marijuana item to the body of a person who is under 18 years of age if:

(a) The person administering the marijuana item was less than three years older than the other person at the time of the administration, and the other person consented to the administration; or

(b) The marijuana item was administered for a medical purpose with the consent of the person under 18 years of age, and the person under 18 years of age was a registry identification cardholder as defined in ORS 475C.777 at the time of the administration. [Formerly 475B.371]


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