(1) A violation of: •475.752 (prohibited controlled substance acts generally) •475.806 (unlawful manufacturing of hydrocodone) to 475.894 (unlawful possession of methamphetamine) •475.904 or 475.906
will be classified as crime category 8 of the sentencing guidelines grid if:

(a) The violation constitutes delivery or manufacture of a controlled substance and involves substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:

(A) Five (5) grams or more of a mixture or substance containing a detectable amount of heroin;

(B) Five (5) grams or more or 25 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy

(C) Ten (10) grams or more of a mixture or substance containing a detectable amount of cocaine

(D) Ten (10) grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers

(E) Two hundred (200) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD)

(F) Sixty (60) grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin OR

(G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(i) 3,4-methylenedioxyamphetamine (MDA)

(ii) 3,4-methylenedioxymethamphetamine (MDMA) OR

(iii) 3,4-methylenedioxy-N-ethylamphetamine (MDE)

(b) The violation constitutes possession, delivery or manufacture of a controlled substance and the possession, delivery or manufacture is a commercial drug offense. A possession, delivery or manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at least three of the following factors:

(A) The delivery was of heroin, fentanyl, cocaine, methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration;

(B) The offender was in possession of $300 or more in cash

(C) The offender was: •unlawfully in possession of a firearm or other weapon as described in 166.270 (possession of weapons by certain felons)(2) OR •the offender used, attempted to use or threatened to use a deadly or dangerous weapon, OR •the offender was in possession of a firearm or other deadly or dangerous weapon for the purpose of using it in connection with a controlled substance offense

(D) The offender was in possession of materials being used for the packaging of controlled substances such as scales, wrapping or foil, other than the material being used to contain the substance that is the subject of the offense

(E) The offender was in possession of drug transaction records or customer lists

(F) The offender was in possession of stolen property

(G) Modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled substance offense

(H) The offender was in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment

(I) The offender was using public lands for the manufacture of controlled substances

(J) The offender had constructed fortifications or had taken security measures with the potential of injuring persons OR

(K) The offender was in possession of controlled substances in an amount greater than:

(i) Three (3) grams or more of a mixture or substance containing a detectable amount of heroin

(ii) Three (3) grams or more or 15 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy;

(iii) Eight (8) grams or more of a mixture or substance containing a detectable amount of cocaine

(iv) Eight (8) grams or more of a mixture or substance containing a detectable amount of methamphetamine

(v) Twenty (20) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide

(vi) Ten (10) grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

(vii) Four (4) grams or more or twenty (20) or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(I) 3,4-methylenedioxyamphetamine (MDA)

(II) 3,4-methylenedioxymethamphetamine (MDMA) OR

(III) 3,4-methylenedioxy-N-ethylamphetamine (MDE)

(c) The violation constitutes a violation of:

(bullet) 475.848 (unlawful manufacturing of heroin within 1000ft of a school)

(bullet) 475.852 (delivery within 1000ft of school of heroin)

(bullet) 475.868 (unlawful manufacturing of mdma within 1000ft of a school)

(bullet) 475.872 (delivery within 1000ft of school of mdma)

(bullet) 475.878 (unlawful manufacturing of cocaine within 1000ft of a school)

(bullet) 475.882 (delivery within 1000ft of school of cocaine)

(bullet) 475.888 (unlawful manufacturing of methamphetamine within 1000ft of a school)

(bullet) 475.892 (delivery within 1000ft of school of methamphetamine)

(bullet) 475.904 (unlawful manufacturing or delivery of a controlled substance within 1,000 feet of school)

(d) The violation constitutes manufacturing methamphetamine and the manufacturing consists of:

(A) A chemical reaction involving one or more precursor substances for the purpose of manufacturing methamphetamine OR

(B) Grinding, soaking or otherwise breaking down a precursor substance for the purpose of manufacturing methamphetamine

(e) The violation constitutes a violation of 475.906 (Penalties for unlawful delivery to minors ) (1) or (2) that is not described in 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors)

(2) 475.752 (prohibited controlled substance acts generally) or 475.806 (unlawful manufacturing of hydrocodone) to 475.894 (unlawful possession of methamphetamine) shall be classified as crime category 7 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation constitutes delivery for consideration of heroin, cocaine, fentanyl, methamphetamine or 3,4-methylenedioxyamphetamine (MDA), 3,4-methylenedioxymethamphetamine (MDMA) or 3,4-methylenedioxy-N-ethylamphetamine (MDE) and:

(a) The person knows, or reasonably should have known, that the delivery is occurring within 500 feet of the real property comprising a treatment facility;

(b) The person knows, or reasonably should have known, that the delivery is occurring within 500 feet of the real property comprising a temporary residence shelter; or

(c) The delivery occurs within 30 feet of the real property comprising a public park.

(3) A violation of 475.752 (prohibited controlled substance acts generally) or 475.806 (unlawful manufacturing of hydrocodone) to 475.894 (unlawful possession of methamphetamine) shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if

(a) The violation constitutes delivery of heroin, cocaine, fentanyl, methamphetamine or 3,4-methylenedioxyamphetamine (MDA), 3,4-methylenedioxymethamphetamine (MDMA) or 3,4-methylenedioxy-N-ethylamphetamine (MDE) and is for consideration.

(b) The violation constitutes possession of substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:

(A) Five (5) grams or more of a mixture or substance containing a detectable amount of heroin

(B) Five (5) grams or more or 25 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy;

(C) Ten (10) grams or more of a mixture or substance containing a detectable amount of cocaine

(D) Ten (10) grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers

(E) Two hundred (200) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD)

(F) Sixty (60) )grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin OR

(G) Five (5) grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(i) 3,4-methylenedioxyamphetamine (MDA)

(ii) 3,4-methylenedioxymethamphetamine (MDMA) OR

(iii) 3,4-methylenedioxy-N-ethylamphetamine (MDE)

(4) A violation of 475.752 (prohibited controlled substance acts generally) or 475.806 (unlawful manufacturing of hydrocodone) to 475.894 (unlawful possession of methamphetamine) shall be classified as crime category 5 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation constitutes delivery of heroin, cocaine, fentanyl, methamphetamine or 3,4-methylenedioxyamphetamine (MDA), 3,4-methylenedioxymethamphetamine (MDMA) or 3,4-methylenedioxy-N-ethylamphetamine (MDE) and:

(a) The person knows, or reasonably should have known, that the delivery is occurring within 500 feet of the real property comprising a treatment facility

(b) The person knows, or reasonably should have known, that the delivery is occurring within 500 feet of the real property comprising a temporary residence shelter; or

(c) The delivery occurs within 30 feet of the real property comprising a public park

(5) Any felony violation of 475.752 (prohibited controlled substance acts generally) or 475.806 (unlawful manufacturing of hydrocodone) to 475.894 (unlawful possession of methamphetamine) not contained in paragraphs (1) to (4) of will be classified as crime category 4 of the sentencing guidelines grid if the violation involves delivery or manufacture of a controlled substance

(6) In order to prove a commercial drug offense, the state shall plead in the accusatory instrument sufficient factors of a commercial drug offense under paragraph (1). The state has the burden of proving each factor beyond a reasonable doubt

(7) As used in this section, 'mixture or substance' means any mixture or substance, whether or not the mixture or substance is in an ingestible or marketable form at the time of the offense