Oregon Revised Statutes
As used in ORS 475.005 to 475.285 and 475.752 to 475.980, unless the context requires otherwise: “Abuse” means the repetitive excessive use of a drug short of dependence, without legal or medical supervision, which may have a detrimental effect on the individual or society. “Administer” means the direct application of a controlled substance, whether by inj…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
In arriving at any decision on changes in or addition to classification when changes or additions are proposed by the federal Drug Enforcement Administration or by any other reliable source, the State Board of Pharmacy shall review the scientific knowledge available regarding the substance, its pharmacological effects, patterns of use and misuse, and potenti…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The State Board of Pharmacy shall publish the classification of controlled substances within 30 days following revision of any classification or reclassification of a controlled substance.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The State Board of Pharmacy shall classify methamphetamine as a controlled substance in Schedule I. Notwithstanding subsection (1) of this section, methamphetamine, its salts, isomers and salts of its isomers shall be classified as a controlled substance in Schedule II for purposes of currently accepted medical use in treatment in the United States and curr…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
The State Board of Pharmacy may adopt rules relating to fees and charge reasonable fees in addition to any other fees required by statute or rule, relating to the registration and control of the manufacture, delivery and dispensing of controlled substances within this state.
No operative statutory text appears at this designation in the selected edition.
A person who, in good faith, makes a report of a violation of ORS 475.752 to 475.980 and who has reasonable grounds for making the report is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to making the report or to the content of the report. The person has the same immunity with respect to participating i…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Every person who manufactures, delivers or dispenses any controlled substance within this state or who proposes to engage in the manufacture, delivery or dispensing of any controlled substance within this state, must obtain annually a registration issued by the State Board of Pharmacy in accordance with its rules. Persons registered by the board under ORS 4…
No operative statutory text appears at this designation in the selected edition.
The State Board of Pharmacy shall register or renew the registration of an applicant to manufacture or dispense controlled substances included in schedules under procedures defined in ORS 475.035, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determining the public interest, the board shall con…
No operative statutory text appears at this designation in the selected edition.
A registration under ORS 475.135 to manufacture, deliver or dispense a controlled substance may be suspended or revoked by the State Board of Pharmacy upon a finding that: The registrant has furnished false or fraudulent material information in any application filed under ORS 475.005 to 475.285 and 475.752 to 475.980; The registrant has been convicted of a…
No operative statutory text appears at this designation in the selected edition.
Before denying, suspending or revoking a registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause shall contain a statement of the basis ther…
No operative statutory text appears at this designation in the selected edition.
Persons registered to manufacture, deliver or dispense controlled substances under ORS 475.005 to 475.285 and 475.752 to 475.980 shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the State Board of Pharmacy issues. (Records)
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
Except when dispensed directly by a practitioner to an ultimate user, a controlled substance in Schedule II may not be dispensed without a written or electronically transmitted prescription of a practitioner. In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be dispensed with an oral prescription of a practiti…
Prescription drug orders may be transmitted by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist. A prescription drug order for medication for the treatment of opioid use disorder that is issued by a practitioner who is a pharmacist may be electronically transmitted to a dispensing pharmacist in accorda…
Notwithstanding the provisions of ORS 475.185, upon registration with the State Board of Pharmacy, a humane society or animal control agency may purchase, possess and, subject to subsection (4) of this section, administer sodium pentobarbital and sedative and analgesic medications to euthanize injured, sick, homeless or unwanted domestic pets and other anima…
No operative statutory text appears at this designation in the selected edition.
The State Board of Pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may: Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substance…
The Oregon Health Authority shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs it may: Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations; Assist the re…
As used in this section, “intern,” “pharmacist,” “pharmacy” and “pharmacy technician” have the meanings given those terms in ORS 689.005. A pharmacist, intern or pharmacy technician may transfer a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine without a prescription from a practitioner to …
It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and 475.752 to 475.980 in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under ORS 475.005 to 475.285 and 475.752 to 475.980. The burden of proof of any exemption or exception is upon the person claiming it. …
No operative statutory text appears at this designation in the selected edition.
Whenever a person is charged with an offense listed in subsection (5) of this section, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defined by a probation agreement. A probation agreement carries the understanding that if the defendan…
Any penalty imposed for violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
If a violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. (Interpretation; Title)
ORS 475.005 to 475.285 and 475.752 to 475.980 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of ORS 475.005 to 475.285 and 475.752 to 475.980 among those states which enact similar laws.
ORS 475.005 to 475.285 and 475.752 to 475.980 may be cited as the Uniform Controlled Substances Act.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
As used in this section: “Aerosol duster” means a product used to clean electronics and other items by means of an aerosol sprayed from a pressurized container. “1,1-Difluoroethane” or “DFE” means a colorless, odorless gas with the chemical formula C2H4F2, often used as a refrigerant or propellant and that has a Chemical Abstract Service Registry Number of…
For purposes of this section and ORS 475.382 and 475.384, “finished drug product” means a drug marketed in accordance with federal Food and Drug Administration requirements that is in a finished dosage form. A business that makes retail sales of a finished drug product containing dextromethorphan, or an employee of the business, may not sell or deliver the …
ORS 475.380 may not be construed to impose on a business that makes retail sales of a finished drug product containing dextromethorphan any compliance requirement other than manually obtaining and verifying proof of age as a condition of sale. For purposes of this section, compliance requirements include any requirement to place a finished drug product in a …
Any trade association representing manufacturers of over-the-counter finished drug products containing dextromethorphan must provide to any requesting business that makes retail sales a list of the finished drug products containing dextromethorphan marketed by the trade association’s members. A business may make a request pursuant to this section only once p…
Except as expressly authorized by law, the authority to regulate the sale, delivery, purchase, receipt or possession of a product containing dextromethorphan in this state is vested solely in the Legislative Assembly. Note: See note under 475.380. (Nitrous Oxide)
A business, or an employee of a business, that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide may not sell or deliver a nitrous oxide canister described in this subsection to an individual who is under 18 years of age. Prior to selling or delivering a nitrous oxide canister described in subsection (1…
ORS 475.394 to 475.404 shall be known and may be cited as the Oregon Kratom Consumer Protection Act. Note: 475.392 to 475.404 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
As used in ORS 475.394 to 475.404: “Kratom product” means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption containing any part of the leaf of the plant Mitragyna speciosa. “Processor” means a person that sells, distributes or exposes for sale kratom products on a wholesale basis to a retailer. …
A processor may not sell, distribute or expose for sale a kratom product prior to registering with the Department of Revenue under ORS 475.404. A processor that violates subsection (1) of this section is subject to a civil penalty of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense. Except as otherwise pr…
A retailer may not sell, distribute or expose for sale a kratom product to an individual under 21 years of age. A retailer that violates subsection (1) of this section is guilty of a Class C misdemeanor for each violation. Note: See note under 475.392.
The Department of Revenue shall deposit all moneys collected under ORS 475.396 and 475.404 in a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475.394 to 475.404 with moneys from the suspense account. The department shall pay refunds, if any, with moneys in the suspense account. M…
Except as otherwise provided or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the determination and notice of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, stays of collection pending appeal, confidentiality of registration and the related civil penalties, and the related…
The Department of Revenue shall adopt rules necessary to carry out ORS 475.394 and 475.396, including rules establishing: Procedures for a processor to register annually with the department, including a requirement that a processor certify that all of the kratom products the processor will sell, distribute or expose for sale are third-party tested to satisf…
As used in ORS 475.405 to 475.495: “Chemical” means: Any material defined as a controlled substance or precursor substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980. Any substance used in the manufacture of a controlled substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980. Any substance used in the manufacture of a cann…
Upon the request of a law enforcement agency, the Department of Environmental Quality may identify, clean up, store and dispose of chemicals located at an alleged illegal drug manufacturing site.
The Environmental Quality Commission shall consult with the law enforcement agencies in adopting rules necessary for the Department of Environmental Quality to carry out its responsibilities under ORS 475.415. By rule, the commission may designate as chemical for the purposes of ORS 475.405 to 475.495 any element, compound, mixture or solution that may be a…
Upon request of a law enforcement agency, the Director of the Department of Environmental Quality: May undertake directly or by contract any cleanup action necessary to protect the public health, safety, welfare and the environment; or May authorize any person to carry out any cleanup action in accordance with any requirements of or directions from the dir…
Upon request of a law enforcement agency under ORS 475.415, the Department of Environmental Quality or its authorized representative may enter any alleged illegal drug manufacturing site at any reasonable time to: Sample, inspect, examine and investigate; Examine and copy records and other information; or Carry out cleanup action authorized by ORS 475.415…
The following persons shall be strictly liable for those cleanup costs incurred by the state or any other person that are attributable to or associated with an alleged illegal drug manufacturing site and for damages for injury to or destruction of any natural resources caused by chemicals at the site: Any owner or operator at or during the time of the acts …
Notwithstanding any other provision of law, the State of Oregon, the Environmental Quality Commission and the Department of Environmental Quality and their officers, employees and agents shall not be liable to a person possessing or owning chemicals located at an alleged illegal drug manufacturing site for any claims or actions arising from the identificatio…
The Department of Environmental Quality shall keep a record of the state’s cleanup costs. Based on the record compiled by the department under subsection (1) of this section, the department shall require any person liable under ORS 475.435 or 475.455 to pay the amount of the state’s cleanup costs and, if applicable, punitive damages. If the state’s cleanup…
All of the state’s cleanup costs, penalties and punitive damages for which a person is liable to the state under ORS 475.435 or 475.455 shall constitute a lien upon any real and personal property owned by the person. At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a claim of lien on p…
The Illegal Drug Cleanup Fund is established separate and distinct from the General Fund in the State Treasury. The following moneys shall be deposited into the State Treasury and credited to the Illegal Drug Cleanup Fund: Moneys recovered or otherwise received from responsible parties for cleanup costs; Moneys received from a state agency, local governme…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
It is unlawful for any person to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, injec…
Notwithstanding ORS 475.525 (3), it is unlawful to provide single-use drug test strips or drug testing tools to a minor who is under 15 years of age unless the strips or tools are provided to the minor as part of the minor’s substance use disorder treatment provided by a mental health care provider and the strips or tools are provided by the mental health ca…
The State of Oregon, any political subdivision of the state, or any official or agency of the state or its political subdivisions may bring an action to enforce ORS 475.525 to 475.565. The court shall award costs and reasonable attorney fees to the prevailing party in any such action.
If, at the trial or upon a hearing, the trier of fact finds any item received into evidence at the trial or hearing to be drug paraphernalia, the court may order the item forfeited upon motion of the district attorney. The drug paraphernalia may then be destroyed or, if the paraphernalia is of substantial value and is not contraband, may be sold, the proceed…
An official of the state, its political subdivisions or any agency thereof may seize drug paraphernalia when: The drug paraphernalia is the subject of an adverse judgment under ORS 475.525 to 475.565; The seizure is in the course of a constitutionally valid arrest or search; The owner or person in possession of the drug paraphernalia consents to the seizu…
In addition to any other penalty provided by law: A person who violates ORS 475.525 shall incur a civil penalty in an amount of at least $2,000 and not more than $10,000; and The court may order other equitable remedies including but not limited to injunctive relief. Any amounts collected under this section shall be forwarded to the State Treasurer for de…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
A person may not sell or give a: Hypodermic device to a minor unless the minor demonstrates a lawful need for the hypodermic device by authorization of a physician, naturopathic physician licensed under ORS chapter 685, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, parent or legal guardi…
No operative statutory text appears at this designation in the selected edition.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a controlled substance. Any person who violates this subsection with respect to: A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise provided in ORS 475.886 and 475.890. A controlled substance i…
It is an affirmative defense to a charge of violating ORS 475.752 by unlawfully possessing pseudoephedrine that the person: Obtained the pseudoephedrine lawfully; Possessed no more than six grams of pseudoephedrine, the salts, isomers or salts of isomers of pseudoephedrine or a combination of any of these substances; and Possessed the pseudoephedrine unde…
As used in this section, “syringe service program” means a program that provides services including free sterile needles and syringes and safe disposal for needles and syringes. It is an affirmative defense to unlawful possession of a controlled substance under ORS 475.752 to 475.980 that the person was acting in the capacity of an employee or volunteer of …
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy. Unlawful manufacture of fentanyl is a Class B felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy, within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minor…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy. Unlawful delivery of fentanyl is a Class B felony. Notwithstanding subsection (2) of this section, unlawful delivery of fentanyl is a Clas…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy, within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. …
It is unlawful for any person knowingly or intentionally to possess fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy, unless the fentanyl or derivative was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or ex…
No operative statutory text appears at this designation in the selected edition.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture hydrocodone. Unlawful manufacture of hydrocodone is a Class C felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture hydrocodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of hydrocodone within 1,000 feet of a school is a Class B felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver hydrocodone. Unlawful delivery of hydrocodone is a Class C felony. Notwithstanding subsection (2) of this section, unlawful delivery of hydrocodone is a Class B felony if the delivery is to a person under 18 years of age.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver hydrocodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of hydrocodone within 1,000 feet of a school is a Class B felony.
It is unlawful for any person knowingly or intentionally to possess hydrocodone unless the hydrocodone was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Unlawful possession of hydr…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methadone. Unlawful manufacture of methadone is a Class B felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methadone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of methadone within 1,000 feet of a school is a Class A felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methadone. Unlawful delivery of methadone is a Class B felony. Notwithstanding subsection (2) of this section, unlawful delivery of methadone is a Class A felony if the delivery is to a person under 18 years of age.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methadone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of methadone within 1,000 feet of a school is a Class A felony.
It is unlawful for any person knowingly or intentionally to possess methadone unless the methadone was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Unlawful possession of methadon…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture oxycodone. Unlawful manufacture of oxycodone is a Class B felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture oxycodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of oxycodone within 1,000 feet of a school is a Class A felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver oxycodone. Unlawful delivery of oxycodone is a Class B felony. Notwithstanding subsection (2) of this section, unlawful delivery of oxycodone is a Class A felony if the delivery is to a person under 18 years of age.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver oxycodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of oxycodone within 1,000 feet of a school is a Class A felony.
It is unlawful for any person knowingly or intentionally to possess oxycodone unless the oxycodone was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Unlawful possession of oxycodon…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
It is unlawful for any person to manufacture heroin. Unlawful manufacture of heroin is a Class A felony.
It is unlawful for any person to manufacture heroin within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of heroin within 1,000 feet of a school is a Class A felony.
It is unlawful for any person to deliver heroin. Unlawful delivery of heroin is a Class A felony.
It is unlawful for any person to deliver heroin within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of heroin within 1,000 feet of a school is a Class A felony.
It is unlawful for any person knowingly or intentionally to possess heroin. Unlawful possession of heroin is a drug enforcement misdemeanor punishable as described in ORS 475.896. Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class A misdemeanor if the person possesses one gram or more of a mixture or substance contai…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
It is unlawful for any person to manufacture 3,4-methylenedioxymethamphetamine. Unlawful manufacture of 3,4-meth-ylenedioxymethamphetamine is a Class A felony.
It is unlawful for any person to manufacture 3,4-methylenedioxymethamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of 3,4-meth-ylenedioxymethamphetamine within 1,000 feet of a school is a Class A felony.
It is unlawful for any person to deliver 3,4-methylenedioxymethamphetamine. Unlawful delivery of 3,4-methylenedi-oxymethamphetamine is a Class A felony.
It is unlawful for any person to deliver 3,4-methylenedioxymethamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of 3,4-methylenedi-oxymethamphetamine within 1,000 feet of a school is a Class A felony.
It is unlawful for any person knowingly or intentionally to possess 3,4-methylenedioxymethamphetamine. Unlawful possession of 3,4-methylenedioxymethamphetamine is a drug enforcement misdemeanor punishable as described in ORS 475.896. Notwithstanding paragraph (a) of this subsection, unlawful possession of 3,4-methylenedioxymethamphetamine is a Class A misd…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture cocaine. Unlawful manufacture of cocaine is a Class B felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of cocaine within 1,000 feet of a school is a Class A felony.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver cocaine. Unlawful delivery of cocaine is a Class B felony. Notwithstanding subsection (2) of this section, unlawful delivery of cocaine is a Class A felony if the delivery is to a person under 18 years of age.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of cocaine within 1,000 feet of a school is a Class A felony.
It is unlawful for any person knowingly or intentionally to possess cocaine unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Unlawful possession of cocaine is…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methamphetamine. Unlawful manufacture of methamphetamine is a Class B felony. The minimum fine for unlawful manufacture of methamphetamine is $1,000.
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture of methamphetamine within 1,000 feet of a school is a Class A felon…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine. Unlawful delivery of methamphetamine is a Class B felony. Notwithstanding subsection (2) of this section, unlawful delivery of methamphetamine is a Class A felony if the delivery is to a person under 18 years of age. The minimum…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful delivery of methamphetamine within 1,000 feet of a school is a Class A felony. The…
It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Unlawful possession of me…
Unlawful possession of a controlled substance constituting a drug enforcement misdemeanor under ORS 475.752 (3)(a), (b), (c) or (d), 475.794 (2)(a), 475.814 (2)(a), 475.824 (2)(a), 475.834 (2)(a), 475.854 (2)(a), 475.874 (2)(a), 475.884 (2)(a) or 475.894 (2)(a) is punishable as described in this section. When imposing a sentence for the crime described in t…
When a person is charged with unlawful possession of a controlled substance under ORS 475.752 (3)(a), (b), (c) or (d), 475.794 (2)(a), 475.814 (2)(a), 475.824 (2)(a), 475.834 (2)(a), 475.854 (2)(a), 475.874 (2)(a), 475.884 (2)(a) or 475.894 (2)(a) constituting a drug enforcement misdemeanor as described in ORS 475.896, the person is eligible to enter, and su…
A person who contacts emergency medical services or a law enforcement agency to obtain medical assistance for another person who needs medical assistance due to a drug-related overdose is immune from arrest, prosecution or the imposition of a civil penalty for an offense listed in subsection (3) of this section if the evidence of the offense was obtained bec…
A violation of ORS 475.752, 475.786 to 475.894, 475.904 or 475.906 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if: The violation constitutes delivery or manufacture of a controlled substance and involves substantial quantities of a controlled substance. For purposes of this paragraph, t…
The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance as a person felony and crime category 8 of the sentencing guidelines grid of the commission. The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance with the intent of committing or facilitating …
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors. Unlawful manufacture or delivery of a controlled…
Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver a controlled substance to a person under 18 years of age. Any person who violates this section with respect to: A controlled substance in Schedule I or II, is guilty of a Class A felony. A controlled substance in Schedule III, is guilty of a Clas…
When a person is convicted of the unlawful delivery of cocaine, methamphetamine, heroin, fentanyl or ecstasy to a person under 18 years of age, the court shall sentence the person to a term of incarceration ranging from 34 months to 72 months, depending on the person’s criminal history. The sentence described in subsection (1) of this section does not apply…
A person commits the crime of causing another person to ingest a controlled substance if the person knowingly or intentionally causes the other person to ingest, other than by administering or dispensing, a controlled substance or a controlled substance analog without consent of the other person. A person who violates this subsection is guilty of a Class B f…
Except as authorized by ORS 475.005 to 475.285 or 475.752 to 475.980, it is unlawful for any person to intentionally apply a controlled substance to the body of another person by injection, inhalation, ingestion or any other means if the other person is under 18 years of age. A person who violates this section with respect to: A controlled substance in Sche…
A person commits the crime of unlawful delivery of an imitation controlled substance if the person knowingly: Delivers, other than by administering or dispensing, a substance that is not a controlled substance upon the express or implied representation that the substance is a controlled substance; or Delivers a substance that is not a controlled substance …
It is unlawful for any person: Who is subject to ORS 475.095 and 475.125 to 475.185 to deliver or dispense a controlled substance in violation of ORS 475.185; Who is a registrant, to manufacture a controlled substance not authorized by this registration, or to deliver or dispense a controlled substance not authorized by the registration to another registra…
It is unlawful for any person knowingly or intentionally: To deliver as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by ORS 475.175; To use in the course of manufacture or delivery of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another …
A person commits the crime of falsifying drug test results if the person intentionally uses, or possesses with intent to use, any substance or device designed to falsify the results of a drug test of the person. Falsifying drug test results is a Class B misdemeanor. As used in this section and ORS 475.920, “drug test” means a lawfully administered test des…
A person commits the crime of providing drug test falsification equipment if the person intentionally delivers, possesses with intent to deliver or manufactures with intent to deliver a substance or device designed to enable a person to falsify the results of a drug test. Providing drug test falsification equipment is a Class A misdemeanor.
As used in ORS 475.907, 475.924 and 475.925: “Controlled substance” means: Cocaine; Methamphetamine; Heroin; Fentanyl; or Ecstasy. “Ecstasy” means: 3,4-methylenedioxymethamphetamine; 3,4-methylenedioxyamphetamine; or 3,4-methylenedioxy-N-ethylampheta- mine. “Mixture or substance” means any mixture or substance, whether or not the mixture or subst…
When a person is convicted of the unlawful delivery or manufacture of a controlled substance, the court shall sentence the person to a term of incarceration ranging from: 58 months to 130 months, depending on the person’s criminal history, if the delivery or manufacture involves: 500 grams or more of a mixture or substance containing a detectable amount of…
When a court sentences a person under ORS 164.061, 475.907, 475.924 and 475.925: The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in: ORS 475.925 (1) shall be determined utilizing crime category 10 of the sentencing guidelin…
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
Except as provided in ORS 475.900, 475.907 or 475.925, when the court sentences a person convicted of delivery of methamphetamine under ORS 475.890 or 475.892, the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convi…
As used in ORS 475.752 to 475.980: “Iodine matrix” means iodine at a concentration greater than two percent by weight in a matrix or solution. “Matrix” means something, as a substance, in which something else originates, develops, or is contained. “Precursor substance” means: Phenyl-2-propanone. Methylamine. D-lysergic acid. Ergotamine. Diethyl Malon…
This section grants authority to and establishes duties of the Department of State Police in relation to the requirements concerning precursor substances under ORS 475.752 to 475.980. The following are applicable as described: The department may adopt rules in accordance with ORS chapter 183 that add substances to those specifically enumerated in ORS 475.94…
In lieu of making an arrest or issuing a citation, a law enforcement officer may deliver a warning notice to a person or business that the officer has probable cause to believe has sold or otherwise delivered a precursor substance in violation of ORS 475.752 to 475.980 whenever the officer reasonably believes that the public interest will be adequately serve…
Whenever it appears that any person has repeatedly sold or delivered one or more precursor substances in violation of the provisions of ORS 475.752 to 475.980, the county attorney or city attorney may cause a civil suit to be instituted in the circuit court for injunctive relief to restrain the person from selling or delivering one or more of the precursor s…
A person commits the offense of failure to report a precursor substances transaction if the person does any of the following: Sells, transfers or otherwise furnishes any precursor substance described in ORS 475.940 (3)(a) to (hh) and (oo) and does not, at least three days before delivery of the substance, submit to the Department of State Police a report th…
A person commits the offense of failure to report missing precursor substances if the person: Is a licensee or other person regulated by the provisions of ORS 475.005 to 475.285 and 475.752 to 475.980; Discovers any theft or loss of any precursor substance or any difference between the quantity received and the quantity shipped; and Within three days afte…
A person commits the offense of illegally selling drug equipment if the person sells any substance, article, apparatus or device with knowledge that the substance, article, apparatus or device will be used to manufacture, compound, convert, process or prepare a controlled substance for unlawful sale or distribution. The offense described in this section, il…
A person commits the crime of distribution of equipment, a solvent, a reagent or a precursor substance with intent to facilitate the manufacture of a controlled substance if the person sells or otherwise transfers equipment, a solvent, a reagent or a precursor substance with knowledge that the equipment, solvent, reagent or precursor substance is intended to…
A person commits the offense of providing false information on a precursor substances report or record if the person knowingly provides false information in any report or record required under ORS 475.950, 475.955, 475.975, 475.976 or 475.978. The offense described in this section, providing false information on a precursor substances report or record, is a…
A person commits the crime of possession of a precursor substance with intent to manufacture a controlled substance if the person possesses one or more precursor substances with the intent to manufacture a controlled substance in violation of ORS 475.752 (1), 475.806, 475.808, 475.816, 475.818, 475.826, 475.828, 475.846, 475.848, 475.866, 475.868, 475.876, 4…
Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of phosphorus if the person knowingly possesses any amount of phosphorus. Subsection (1) of this section does not apply to: A person who is conducting a licensed business that involves phosphorus in the manufacture of: The striking surface use…
A person commits the crime of unlawful possession of anhydrous ammonia if the person knowingly possesses anhydrous ammonia in a container that is not approved by the United States Department of Transportation to hold anhydrous ammonia nor constructed to meet state and federal health and safety standards to hold anhydrous ammonia. Unlawful possession of anhy…
The State Board of Pharmacy may not adopt rules that exempt a product containing ephedrine or pseudoephedrine from classification as a controlled substance. Except as otherwise provided in this paragraph, the State Board of Pharmacy shall adopt rules to classify ephedrine, pseudoephedrine and phenylpropanolamine as Schedule III controlled substances. The Sch…
Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of iodine in its elemental form if the person knowingly possesses iodine in its elemental form. Subsection (1) of this section does not apply to: A physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner license…
Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of an iodine matrix if the person knowingly possesses an iodine matrix. Subsection (1) of this section does not apply to: A person who possesses an iodine matrix as a prescription drug, pursuant to a prescription issued by a licensed veterinari…
As used in this section: “Dispose of” means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water. “Methamphetamine manufacturing waste” means chemical waste or debris, used in or resulting from the manufacture of methamphetamine or the grinding, soaking or otherwise breaking down of a precursor …
A person who sells or otherwise transfers more than the amount permitted by administrative rule adopted by the Department of State Police of methyl sulfonyl methane to a person other than a physician, physician associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS …
Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of lithium metal or sodium metal if the person knowingly possesses lithium metal or sodium metal. Subsection (1) of this section does not apply to: A person who is conducting a lawful manufacturing operation that involves the use of lithium met…
It is an affirmative defense to a charge of violating ORS 475.969, 475.971, 475.975 (1) or 475.976 (1) that the person possessed the precursor substance for a lawful purpose.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.
No operative statutory text appears at this designation in the selected edition.