ORS 475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions; immunity for distribution of certain items

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, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by ORS 475.005.

For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind that are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of ORS 475.752 to 475.980. Drug paraphernalia includes, but is not limited to:

Kits marketed for use or designed for use in unlawfully planting, propagating, cultivating, growing or harvesting of any species of plant that is a controlled substance or from which a controlled substance can be derived;

Kits marketed for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances;

Isomerization devices marketed for use or designed for use in increasing the potency of any species of plant that is a controlled substance;

Scales and balances marketed for use or designed for use in weighing or measuring controlled substances;

Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for use or designed for use in cutting controlled substances;

Lighting equipment specifically designed for growing controlled substances;

Containers and other objects marketed for use or designed for use in storing or concealing controlled substances; and

Objects marketed for use or designed specifically for use in ingesting, inhaling or otherwise introducing a controlled substance into the human body, such as:

Smoking and carburetion masks;

Roach clips, meaning objects used to hold burning material that has become too small or too short to be held in the hand; or

Miniature cocaine spoons and cocaine vials.

For purposes of this section, “drug paraphernalia” does not include hypodermic syringes or needles, single-use drug test strips, drug testing tools or any other item designed to prevent or reduce the potential harm associated with the use of controlled substances, including but not limited to items that reduce the transmission of infectious disease or prevent injury, infection or overdose.

The provisions of ORS 475.525 to 475.565 do not apply to persons registered under the provisions of ORS 475.125 or to persons specified as exempt from registration under the provisions of that statute.

The provisions of ORS 475.525 to 475.565 do not apply to a person who sells or delivers marijuana paraphernalia as defined in ORS 475C.373 to a person 21 years of age or older.

In determining whether an object is drug paraphernalia under this section or marijuana paraphernalia under ORS 475C.373, a trier of fact shall consider, in addition to any other relevant factor, the following:

Any oral or written instruction provided with the object related to the object’s use;

Any descriptive material packaged with the object that explains or depicts the object’s use;

Any national or local advertising related to the object’s use;

Any proffered expert testimony related to the object’s use;

The manner in which the object is displayed for sale, if applicable; and

Any other proffered evidence substantiating the object’s intended use.

A person acting in good faith is immune from civil liability for any act or omission of an acting committed during the course of distributing an item described in subsection (3) of this section.