Appeal from Circuit Court, Douglas County. Charles S. Woodrich, Judge. No. 37985.
Dean Heiling, Winston, argued the cause and filed the brief for appellant.
Doyle L. Schiffman, District Attorney, Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy District Attorney, Roseburg.
Schwab, Chief Judge, and Langtry and Fort, Judges.
In a non-jury trial defendant was convicted of Criminal Activity in Drugs, ORS 167.207(1), i.e., possession of marihuana. On appeal his sole contention is that possession of narcotic drugs, which includes marihuana, ORS 474.010(18), is not a crime under Oregon's new criminal code. We hold to the contrary and affirm.
Under the statutes in effect before the first of this year the principal criminal provision concerning narcotic drugs was former ORS 474.020, which provided:
"(1) It shall be unlawful for any person to manufacture, possess, have under his control, sell, prescribe, administer, dispense or compound any narcotic drug, except as authorized in this chapter.
On January 1, 1972 -- the effective date of the new criminal code -- former ORS 474.020 was repealed and the following provisions became effective:
"A person commits the crime of criminal activity in drugs if he knowingly and unlawfully manufactures, cultivates, transports, possesses, furnishes, prescribes, administers, dispenses or compounds a narcotic or dangerous drug." ORS 167.207(1).
"'Unlawfully' means in violation of any provision of ORS chapter 474 or 475." ORS 167.202(4).
Thus under these new statutes, it is a crime to possess narcotic drugs in violation of any ...