(1) Except as provided in 475C.886 (exceptions to exemption from criminal liability for medical marijuana), a person has an affirmative defense to a criminal charge of possession, delivery or manufacture of marijuana, or any other criminal offense in which possession, delivery or manufacture of marijuana is an element, if they:

(a) were diagnosed with a debilitating medical condition within twelve (12) months of the date on which they were arrested and were advised by their attending physician that the medical use of marijuana may mitigate the symptoms or effects of that debilitating medical condition

(b) are engaged in the medical use of marijuana AND

(c) possess, deliver or manufacture marijuana only in quantities permitted under 475C.806 (possession limits for plants)

(2) a person does not need to lawfully possess a registry identification card to assert the affirmative defense established in this section

(3) a person engaged in the medical use of marijuana who claims that marijuana provides medically necessary benefits and who is charged with a crime pertaining to the use of marijuana is not precluded from presenting a defense of choice of evils, as set forth in 161.200 (choice of evils), or from presenting evidence supporting the necessity of marijuana for treatment of a specific disease or medical condition, provided that:

(a) they possess, deliver or manufacture marijuana only as permitted under 475C.806 (possession limits for plants) (1) AND

(b) they have taken a substantial step toward complying with the provisions of 475C.770 (Findings) to 475C.919 (Authority to adopt rules for ORS 475C.770 to 475C.919)

(4) A defendant proposing to use the affirmative defense established in this section in a criminal action will, not less than five (5) days before the trial of the cause, file & serve upon the district attorney a written notice of the intention to assert the affirmative defense. The notice must specifically state the reasons why the defendant is entitled to assert the affirmative defense and the factual basis for the affirmative defense. If the defendant fails to file and serve the notice, the defendant is not permitted to assert the affirmative defense at the trial of the cause unless the court orders, for good cause, otherwise