State v. Carlson

If a defendant is a cardholder, then, under ORS 137.542(2), the trial court must impose supervision conditions related to usable marijuana, medical cannabinoid products, cannabinoid concentrates, and cannabinoid extracts in the same manner as it would impose supervision conditions related to prescription drugs.

Defendant was convicted of felony driving under the influence of intoxicants, ORS 813.011, and driving while suspended or revoked, ORS 811.182. Defendant was sentences with two years of supervised probation including general and special conditions. Defendant appealed special conditions placed on his probation. Defendant argued that the trial court erred in imposing special conditions of probation that completely prohibit Defendant from using or possessing marijuana and  from entering any marijuana dispensary, without giving defendant an opportunity to establish whether he holds a marijuana registry identification card. If defendant is a cardholder, then, under ORS 137.542(2), the trial court must impose supervision conditions related to usable marijuana, medical cannabinoid products, cannabinoid concentrates, and cannabinoid extracts in the same manner as it would impose supervision conditions related to prescription drugs. As such, the Court determined that the trial court erred. Remanded for resentencing; otherwise affirmed.