STATE of Oregon, Petitioner on Review,
v.
Brian G. HUBBELL, Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted September 23, 2022.
October 5, 2023.
Attorney(s) appearing for the Case
Rolf C. Moan , Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.
Anne Fujita Munsey , Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet , Chief Defender.
Zack Duffly , Duffly Law, LLC, Portland, filed the brief for amicus curiae Drug Policy Alliance. Also on the brief was Kellen Russoniello , Drug Policy Alliance, San Leandro, California.
Claire Powers , Oregon Justice Resource Center, Portland, filed the brief for amici curiae Oregon Justice Resource Center and Oregon Criminal Defense Lawyers Association. Also on the brief were Brittney Plesser , Karen Newirth , and Malori Maloney , Oregon Justice Resource Center, and Rosalind Lee , Oregon Criminal Defense Lawyers Association, Eugene.
Before Flynn, Chief Justice, Duncan, Garrett, and Masih, Justices, and Landau and Walters, Senior Judges, Justices pro tempore.
GARRETT, J.
In Oregon, it is generally unlawful "to manufacture or deliver a controlled substance." ORS 475.752(1). The legislature has defined "deliver" to mean "the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance." ORS 475.005(8) (emphasis added...
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