(1) Notwithstanding ORS 137.225 (1)(a), a defendant is eligible for an order setting aside a conviction for a criminal offense in which possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009 is an element after one year has elapsed from the date of entry of judgment of conviction if: (a) The defendant was under 21 years of age at the time of the conviction; (b) The defendant has not been convicted of any other offense, excluding motor vehicle violations; and (c) The defendant has fully complied with and performed the sentence of the court. (2) When a person is convicted of an offense involving possession, delivery or manufacture of marijuana or a marijuana item as defined in ORS 475C.009, and when the conduct that is the basis of the conviction occurred before April 21, 2017, the convicted person may file a motion for a court order setting aside the conviction pursuant to ORS 137.225, and the court, when determining whether the person is eligible for the order, shall consider the offense to be classified under ORS 161.535 or 161.555 as if the conduct occurred on or after April 21, 2017, or, if the offense is no longer a crime, shall consider the offense to be classified as a Class C misdemeanor. Note: The amendments to 137.226 by section 99, chapter 21, Oregon Laws 2017, apply to conduct occurring on and after April 21, 2017. See section 127, chapter 21, Oregon Laws 2017. Note: 137.226 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation. (Alcoholic or Drug-Dependent Person)
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