Oregon Supreme Court
State v. Hubbell
October 5, 2023371 Or. 340
Summary
The Oregon Supreme Court affirmed the Court of Appeals, holding that Oregon’s delivery statute requires an actual effort to cause a controlled substance to pass from one person to another; mere possession with intent is insufficient for an "attempted transfer," but the evidence was sufficient for a conviction of the inchoate crime of attempted delivery. The decision also reversed the circuit court’s delivery conviction and remanded for entry of the lesser‑included attempted‑delivery conviction.