no one is exempt from the criminal laws of Oregon for possession, delivery or manufacture of marijuana, aiding and abetting another in the possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, and they may not assert the affirmative defense established in 475C.889 (Affirmative defense), if the they, in connection with conduct constituting an element of the offense:

(1) drive under the influence of marijuana as per 813.010 (duii)

(2) engage in the medical use of marijuana in a public place, in public view or in a correctional facility, or a youth correction facility OR or

(3) deliver marijuana to any individual who the person knows is not in possession of a registry identification card or to anyone or entity that they know has not been designated to receive marijuana or assigned a possessory interest in marijuana by an individual in possession of a registry identification card