State v. McBride
242 Or. App. 594
| Or. Ct. App. | 2011Background
- Freeman, a medical-marijuana cardholder, started growing indoors in 2006 and moved outdoors to a greenhouse; McBride helped build the greenhouse and sharecropped the marijuana.
- In 2007, Freeman harvested and brought cuttings into his home to dry; Freeman's 15-year-old daughter M lived there, and Freeman allowed 16-year-old A to move in around July 2007.
- Freeman asked McBride and Jensen to move into the house in October 2007 to watch the house, assist with the kids, and protect the marijuana; McBride and Jensen agreed to reside there.
- Jensen testified that Freeman trusted McBride to keep people out of the house and to watch the two minors; defense evidence showed McBride and Jensen had authority over residents and access to the home.
- Police executed a search warrant in October 2007; McBride and Jensen were arrested, and M and A were in the home at the time of the search.
- McBride was convicted of two counts of endangering the welfare of a minor under ORS 163.575(1)(b); the trial court denied his motion for acquittal on those counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether McBride permitted minors to enter or remain in a home with unlawful marijuana activity | State: McBride had control over the house and the girls and thus could permit their presence. | McBride had no authority to exclude the girls; no permit possible. | Yes; broad interpretation of 'permit' applies; authority over minor/premises suffices. |
Key Cases Cited
- State v. Pyritz, 90 Or.App. 601 (Or. App. 1988) (interpretation of 'permit' requires authority to forbid to establish liability)
- State v. Mack, 219 Or.App. 119 (Or. App. 2008) (homeowner's boyfriend lacked control over homeowner's child; not liable for endangerment)
- State v. Hodges, 254 Or. 21 (Or. 1969) (delinquency statute ruled unconstitutionally vague)