State v. Long

Defendant appeals his conviction for supplying contraband. ORS 162.185; ORS 162.135(l)(d). 1 He contends that the trial court erred in overruling his demurrer to the indictment. 2 The issue is whether ORS 162.185 unconstitutionally delegates state legislative power to local governments. The Court of Appeals held that it does not and affirmed. State v. Long, 109 Or App 221, 818 P2d 996 (1991), adhered to on reconsideration, 110 Or App 599, 823 P2d 1031 (1992). We also affirm.

The parties stipulated to the following facts:

In August 1989, the Lane County Adult Corrections Department promulgated…