State v. Jerscheid

Under ORS 137.542(2), "if a person holds a registry identification card and is sentenced to probation—the probation conditions related to the use of usable marijuana and specified cannabinoid products must comply with the statute."

Defendant appealed a judgment of conviction for unlawful possession of four or more ounces of marijuana and felon in possession of a firearm. Defendant assigned error to the trial court imposing special probation conditions restricting Defendant’s ability to participate in the Oregon Medical Marijuana Program. On appeal, Defendant contended that the trial court’s interpretation of ORS 137.542(2) is erroneous because it required the court to insert words that the legislature omitted. In response, the State concedes the error. Under ORS 137.542(2), "if a person holds a registry identification card and is sentenced to probation—the probation conditions related to the use of usable marijuana and specified cannabinoid products must comply with the statute." The Court held that trial court erred in its interpretation and that it needs to look at “’conditions of supervision,’ not ‘probation’.” Remanded for sentencing.