(2) Intentionally administering a marijuana item to the body of a person who is under 18 years of age is a Class A felony.
(3) A violation of this section shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.
(4) It is an affirmative defense to a charge of intentionally administering a marijuana item to the body of a person who is under 18 years of age if:
(a) The person administering the marijuana item was less than three years older than the other person at the time of the administration, and the other person consented to the administration; or
(b) The marijuana item was administered for a medical purpose with the consent of the person under 18 years of age, and the person under 18 years of age was a registry identification cardholder as defined in ORS 475B.791 at the time of the administration. [2017 c.21 §12]
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