State v. Karim

“A person commits the offense of use of marijuana in a motor vehicle if the person consumes in any manner a marijuana item while in a motor vehicle when the motor vehicle is upon a highway.” ORS 811.482(2).

Defendant appealed a judgment convicting him of use of marijuana in a motor vehicle. The Defendant was driving while smoking a hemp cigarette. Defendant argued that industrial hemp is not a “marijuana item” for the purposes of the statute. “A person commits the offense of use of marijuana in a motor vehicle if the person consumes in any manner a marijuana item while in a motor vehicle when the motor vehicle is upon a highway.” ORS 811.482(2). The Court ruled that the trial court misconstrued the statute which left the court to believe that it did not matter whether the defendant had marijuana or hemp to be found guilty and therefore the trial court never made a factual finding on the issue. The Court found that the proper remedy would be to reverse and remand for a new trial on the alleged violation of ORS 811.462. Reversed and remanded.