If you live in Oregon, and you are involved in marijuana in any way shape or form, you might want to read the passages below. A bill was introduced earlier this month in the Oregon Senate that would essentially double the penalties for crimes that involve three people and electronic communications. I usually call a grower from my cell phone to get my marijuana. However if I called a middle man, who called a grower, and the communication involved electronic communications, it’s my understanding that Oregon SB 1534 would result in more penalties should anyone in the communications get caught. Maybe my interpretation is off, so I pasted the nexus of the bill below for readers to get educated themselves:
(2) A person commits the crime of aggravated solicitation if, with the intent of causing two or more other persons to engage in specific conduct constituting a crime, the person uses an electronic communication to command or solicit other persons to engage in that conduct at a specific time and at a specific location.
(3) In a prosecution under this section, the state need not prove that the electronic communication was received by specific persons or that the defendant intended for specific persons to engage in the criminal activity.
(4) Aggravated solicitation is a:
(a) Class A felony if the offense solicited is a Class A felony
or is murder or treason.
(b) Class B felony if the offense solicited is a Class B
(c) Class C felony if the offense solicited is a misdemeanor or
a Class C felony. + }
Section 3 of SB 1534 is SCARY…’the state need not prove that the electronic communication was received by specific persons or that the defendant intended for specific persons to engage in the criminal activity.’ How in the world is that constitutional? I’m not attorney, but I did take undergrad pre-law classes, and even I can shoot holes in that logic.
I’m sure some of you are asking yourself, ‘what does electronic communication mean?’ Here is the definition below (ORS 133.721):
(3) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by a radio, electromagnetic, photoelectronic or photo-optical system, or transmitted in part by wire, but does not include:
(a) Any oral communication or any communication that is completely by wire; or
(b) Any communication made through a tone-only paging device.
Whew! OK Morse code and ‘pagers’ are exempt, that changes everything (sarcasm). This has to be one of the worst bills to ever be introduced at the Oregon capital. This goes beyond marijuana, into the realm of ‘Big Brother’ madness. I have already called my Oregon Senator, and I encourage others to do so. If SB 1534 sees the light of day, I will do everything I can think of to kill it, and I hope others do the same.