Chapter 475 — Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs;

 

2023 EDITION

 

Paraphernalia; Precursors

 

CONTROLLED SUBSTANCES; CLEANUP

 

LIQUOR; DRUGS

 

UNIFORM CONTROLLED SUBSTANCES ACT

 

(Generally)

 

475.005     Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980

 

475.035     Authority to control schedule; rules

 

475.055     Publishing of schedules

 

475.065     Classification of methamphetamine; exceptions

 

475.095     Rules; fees

 

475.101     Immunity for reporting violation

 

(Registration)

 

475.125     Registration requirements

 

475.135     Grounds to grant or deny registration; scope of registration; effect of federal registration

 

475.145     Revocation and suspension of registration

 

475.155     Order to show cause

 

475.165     Records of registrants

 

(Records)

 

475.175     When order forms required

 

475.185     When prescriptions required

 

475.188     Prescription drug orders; electronic transmission

 

475.190     Exception to prescription requirement; rules

 

(Miscellaneous)

 

475.215     Cooperative arrangements

 

475.225     Education and research

 

(Pseudoephedrine)

 

475.230     Transfer of pseudoephedrine without prescription; limitations; rules; penalty

 

(Enforcement)

 

475.235     Burden of proof; status of analysis of controlled substance; notice of objection

 

475.237     Treatment of offense as Class E violation; dismissal

 

475.245     Conditional discharge

 

475.255     Status of penalties

 

475.265     When prosecution barred

 

(Interpretation; Title)

 

475.275     Uniformity of interpretation

 

475.285     Short title

 

MISCELLANEOUS DRUGS

 

(Dextromethorphan)

 

475.380     Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger; penalties; exceptions

 

475.382     Limitation on compliance requirements

 

475.384     Trade association list of marketed products containing dextromethorphan; ability to request

 

475.386     State preemption

 

(Nitrous Oxide)

 

475.390     Prohibition on retail sale of nitrous oxide to individual under 18 years of age; penalties

 

(Kratom)

 

475.392     Short title

 

475.394     Definitions for ORS 475.394 to 475.404

 

475.396     Prohibition on unregistered processing; civil penalty

 

475.398     Prohibition on sale, distribution, exposure of kratom product to minor; penalty

 

475.400     Department of Revenue suspense account

 

475.402     Application of ORS chapters 305, 314 to civil penalties

 

475.404     Department of Revenue rules; fees

 

ILLEGAL DRUG CLEANUP

 

475.405     Definitions for ORS 475.405 to 475.495

 

475.415     Request for cleanup

 

475.425     Environmental Quality Commission rules; designation of chemicals

 

475.435     Authority of director

 

475.445     Site entry; purposes

 

475.455     Liability of certain persons for cleanup costs

 

475.465     Liability of state for cleanup

 

475.475     Department record of costs; collection of costs

 

475.485     Costs and penalties as lien; enforcement of lien

 

475.495     Illegal Drug Cleanup Fund; sources; uses

 

DRUG PARAPHERNALIA

 

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

 

475.528     Provision of single-use drug test strips, drug testing tools to certain minors; exceptions

 

475.535     Action to enforce ORS 475.525 to 475.565

 

475.545     Order of forfeiture of paraphernalia; effect

 

475.555     Seizure of drug paraphernalia

 

475.565     Civil penalty for violation of ORS 475.525

 

475.744     Providing hypodermic device or pipe to minor prohibited; exception

 

PENALTIES

 

475.752     Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance

 

475.754     Affirmative defense to unlawfully possessing pseudoephedrine

 

475.757     Syringe service program as affirmative defense to unlawful possession of controlled substance

 

475.806     Unlawful manufacture of hydrocodone

 

475.808     Unlawful manufacture of hydrocodone within 1,000 feet of school

 

475.810     Unlawful delivery of hydrocodone

 

475.812     Unlawful delivery of hydrocodone within 1,000 feet of school

 

475.814     Unlawful possession of hydrocodone

 

475.816     Unlawful manufacture of methadone

 

475.818     Unlawful manufacture of methadone within 1,000 feet of school

 

475.820     Unlawful delivery of methadone

 

475.822     Unlawful delivery of methadone within 1,000 feet of school

 

475.824     Unlawful possession of methadone

 

475.826     Unlawful manufacture of oxycodone

 

475.828     Unlawful manufacture of oxycodone within 1,000 feet of school

 

475.830     Unlawful delivery of oxycodone

 

475.832     Unlawful delivery of oxycodone within 1,000 feet of school

 

475.834     Unlawful possession of oxycodone

 

475.846     Unlawful manufacture of heroin

 

475.848     Unlawful manufacture of heroin within 1,000 feet of school

 

475.850     Unlawful delivery of heroin

 

475.852     Unlawful delivery of heroin within 1,000 feet of school

 

475.854     Unlawful possession of heroin

 

475.866     Unlawful manufacture of 3,4-methylene- dioxymethamphetamine

 

475.868     Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school

 

475.870     Unlawful delivery of 3,4-methylenedioxy- methamphetamine

 

475.872     Unlawful delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of school

 

475.874     Unlawful possession of 3,4-methylenedi-

oxymethamphetamine

 

475.876     Unlawful manufacture of cocaine

 

475.878     Unlawful manufacture of cocaine within 1,000 feet of school

 

475.880     Unlawful delivery of cocaine

 

475.882     Unlawful delivery of cocaine within 1,000 feet of school

 

475.884     Unlawful possession of cocaine

 

475.886     Unlawful manufacture of methamphetamine

 

475.888     Unlawful manufacture of methamphetamine within 1,000 feet of school

 

475.890     Unlawful delivery of methamphetamine

 

475.892     Unlawful delivery of methamphetamine within 1,000 feet of school

 

475.894     Unlawful possession of methamphetamine

 

475.898     Immunity from drug-related offenses for emergency medical assistance

 

475.900     Crime category classification; proof of commercial drug offense

 

475.902     Directives to Oregon Criminal Justice Commission

 

475.904     Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions

 

475.906     Penalties for unlawful delivery to minors

 

475.907     Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors

 

475.908     Causing another person to ingest a controlled substance

 

475.910     Application of controlled substance to the body of another person; prohibition

 

475.912     Unlawful delivery of imitation controlled substance

 

475.914     Prohibited acts for registrants; penalties

 

475.916     Prohibited acts involving records and fraud; penalties

 

475.918     Falsifying drug test results

 

475.920     Providing drug test falsification equipment

 

475.924     Definitions for ORS 164.061, 475.907, 475.924 and 475.925

 

475.925     Sentences for certain controlled substance offenses

 

475.930     Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925

 

475.934     Sentencing of persons with previous conviction for controlled substance offense

 

475.935     Presumptive sentences for certain methamphetamine offenses

 

PRECURSOR SUBSTANCES

 

475.940     Precursor substances described

 

475.945     Authority and duties of Department of State Police; rules

 

475.947     Warning notice for precursor substance violation

 

475.949     Injunctive relief for precursor substance violation

 

475.950     Failure to report precursor substances transaction

 

475.955     Failure to report missing precursor substances

 

475.960     Illegally selling drug equipment

 

475.962     Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance

 

475.965     Providing false information on precursor substances report or record

 

475.967     Possession of precursor substance with intent to manufacture controlled substance

 

475.969     Unlawful possession of phosphorus

 

475.971     Unlawful possession of anhydrous ammonia

 

475.973     Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine; records

 

475.975     Unlawful possession of iodine in its elemental form; recording transfers; unlawful distribution of iodine in its elemental form

 

475.976     Unlawful possession of iodine matrix; recording transfers; unlawful distribution of iodine matrix

 

475.977     Possessing or disposing of methamphetamine manufacturing waste

 

475.978     Methyl sulfonyl methane; transfers; records; rules

 

475.979     Unlawful possession of lithium metal or sodium metal

 

475.980     Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)

 

UNIFORM CONTROLLED SUBSTANCES ACT

 

(Generally)

 

      475.005 Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980. As used in ORS 475.005 to 475.285 and 475.752 to 475.980, unless the context requires otherwise:

      (1) “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.

      (2) “Administer” means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

      (a) A practitioner or an authorized agent thereof; or

      (b) The patient or research subject at the direction of the practitioner.

      (3) “Administration” means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

      (4) “Agent” means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

      (5) “Board” means the State Board of Pharmacy.

      (6) “Controlled substance”:

      (a) Means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035. The use of the term “precursor” in this paragraph does not control and is not controlled by the use of the term “precursor” in ORS 475.752 to 475.980.

      (b) Does not include:

      (A) The plant Cannabis family Cannabaceae;

      (B) Any part of the plant Cannabis family Cannabaceae, whether growing or not;

      (C) Resin extracted from any part of the plant Cannabis family Cannabaceae;

      (D) The seeds of the plant Cannabis family Cannabaceae;

      (E) Any compound, manufacture, salt, derivative, mixture or preparation of a plant, part of a plant, resin or seed described in this paragraph; or

      (F) Psilocybin or psilocin, but only if and to the extent that a person manufactures, delivers, or possesses psilocybin, psilocin, or psilocybin products in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722.

      (7) “Counterfeit substance” means a controlled substance or its container or labeling, which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, delivered or dispensed the substance.

      (8) “Deliver” or “delivery” means the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance, whether or not there is an agency relationship.

      (9) “Device” means instruments, apparatus or contrivances, including their components, parts or accessories, intended:

      (a) For use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; or

      (b) To affect the structure of any function of the body of humans or animals.

      (10) “Dispense” means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, and includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.

      (11) “Dispenser” means a practitioner who dispenses.

      (12) “Distributor” means a person who delivers.

      (13) “Drug” means:

      (a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;

      (b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

      (c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals; and

      (d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories.

      (14) “Electronically transmitted” or “electronic transmission” means a communication sent or received through technological apparatuses, including computer terminals or other equipment or mechanisms linked by telephone or microwave relays, or any similar apparatus having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

      (15) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:

      (a) By a practitioner as an incident to administering or dispensing of a controlled substance in the course of professional practice; or

      (b) By a practitioner, or by an authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

      (16) “Person” includes a government subdivision or agency, business trust, estate, trust or any other legal entity.

      (17) “Practitioner” means physician, dentist, veterinarian, scientific investigator, licensed nurse practitioner, physician assistant or other person licensed, registered or otherwise permitted by law to dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state but does not include a pharmacist or a pharmacy.

      (18) “Prescription” means a written, oral or electronically transmitted direction, given by a practitioner for the preparation and use of a drug. When the context requires, “prescription” also means the drug prepared under such written, oral or electronically transmitted direction. Any label affixed to a drug prepared under written, oral or electronically transmitted direction shall prominently display a warning that the removal thereof is prohibited by law.

      (19) “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

      (20) “Research” means an activity conducted by the person registered with the federal Drug Enforcement Administration pursuant to a protocol approved by the United States Food and Drug Administration.

      (21) “Ultimate user” means a person who lawfully possesses a controlled substance for the use of the person or for the use of a member of the household of the person or for administering to an animal owned by the person or by a member of the household of the person.

      (22) “Usable quantity” means:

      (a) An amount of a controlled substance that is sufficient to physically weigh independent of its packaging and that does not fall below the uncertainty of the measuring scale; or

      (b) An amount of a controlled substance that has not been deemed unweighable, as determined by a Department of State Police forensic laboratory, due to the circumstances of the controlled substance.

      (23) “Within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from a specified location or from any point on the boundary line of a specified unit of property. [1977 c.745 §1; 1979 c.777 §49; 1979 c.785 §5; 1981 c.220 §1; 1981 c.666 §1; 1987 c.657 §8; 1995 c.440 §22; 2001 c.615 §15; 2001 c.623 §3; 2009 c.897 §4; 2013 c.588 §1; 2017 c.21 §22; 2017 c.706 §16; 2019 c.358 §16; 2021 c.1 §130]

 

      475.010 [Amended by 1953 c.342 §3; 1957 c.587 §6; 1965 c.545 §1; 1971 c.743 §378; 1973 c.697 §9; 1974 c.67 §5; repealed by 1977 c.745 §54]

 

      475.015 [1977 c.745 §3; 1979 c.777 §50; repealed by 1981 c.666 §11]

 

      475.020 [Repealed by 1957 c.587 §12]

 

      475.025 [1977 c.745 §4; repealed by 1981 c.666 §11]

 

      475.030 [Repealed by 1957 c.587 §12]

 

      475.035 Authority to control schedule; rules. (1) 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 potential consequences of abuse, and consider the judgment of individuals with training and experience with the substance.

      (2) Whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof.

      (3) If a substance is an ingredient of a controlled substance, the ingredient shall be considered to be in the same schedule as that controlled substance. Substances which are precursors of the ingredient shall not be subject to control solely because they are precursors of the ingredient. The use of the term “precursor” in this subsection does not control and is not controlled by the use of the term “precursor” in ORS 475.752 to 475.980.

      (4) The board shall administer ORS 475.005 to 475.285 and 475.752 to 475.980 in accordance with ORS chapter 183.

      (5) Authority to control under this section does not extend to tobacco or to alcoholic beverages as defined in ORS 471.001. [1977 c.745 §5; 1981 c.666 §2; 1987 c.657 §9; 1995 c.301 §31; 1995 c.440 §23; 2001 c.615 §16]

 

      475.040 [Repealed by 1957 c.587 §12]

 

      475.045 [1977 c.745 §7a; repealed by 2011 c.524 §4]

 

      475.050 [Repealed by 1957 c.587 §12]

 

      475.055 Publishing of schedules. 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. [1977 c.745 §6; 1981 c.666 §3]

 

      475.059 [2009 c.898 §2; repealed by 2017 c.21 §126]

 

      475.060 [Repealed by 1957 c.587 §12]

 

      475.065 Classification of methamphetamine; exceptions. (1) The State Board of Pharmacy shall classify methamphetamine as a controlled substance in Schedule I.

      (2) 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 currently accepted medical use with severe restrictions within the meaning of 21 U.S.C. 812(b)(2). [2009 c.898 §3]

 

      Note: 475.065 was enacted into law by the Legislative Assembly but was 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.

 

      475.070 [Amended by 1961 c.648 §12; repealed by 1971 c.743 §432]

 

      475.075 [1977 c.745 §2; 1979 c.777 §51; repealed by 1981 c.666 §11]

 

      475.080 [Repealed by 1959 c.411 §22]

 

      475.085 [1977 c.745 §55; 1979 c.777 §52; repealed by 1981 c.666 §11]

 

      475.090 [Amended by 1953 c.543 §3; 1957 c.587 §7; repealed by 1971 c.743 §432]

 

      475.095 Rules; fees. 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. [1977 c.745 §7; 1981 c.666 §4]

 

      475.100 [Amended by 1953 c.396 §2; 1957 c.587 §8; 1963 c.229 §1; 1965 c.15 §1; 1965 c.545 §2; 1971 c.743 §379; repealed by 1977 c.745 §54]

 

      475.101 Immunity for reporting violation. 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 in a judicial proceeding resulting from the report. [2005 c.706 §7]

 

      Note: 475.101 was enacted into law by the Legislative Assembly but was 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.

 

      475.110 [Amended by 1953 c.396 §2; 1965 c.545 §3; 1971 c.743 §379a; repealed by 1977 c.745 §54]

 

      475.120 [Repealed by 1971 c.743 §432]

 

(Registration)

 

      475.125 Registration requirements. (1) 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.

      (2) Persons registered by the board under ORS 475.005 to 475.285 and 475.752 to 475.980 to manufacture, deliver, dispense or conduct research with controlled substances may possess, manufacture, deliver, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of ORS 475.095 and 475.125 to 475.185 and other applicable laws of this state.

      (3) The following persons need not register and may lawfully possess controlled substances under ORS 475.005 to 475.285 and 475.752 to 475.980:

      (a) An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of business or employment.

      (b) A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.

      (c) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance, unless otherwise prohibited.

      (d) A practitioner otherwise licensed under the laws of this state and authorized to dispense or administer a controlled substance by the licensing authority.

      (4) The board may waive by rule the requirement for registration of certain manufacturers or dispensers if it finds it consistent with the public health and safety.

      (5) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, delivers or dispenses controlled substances.

      (6) The board may inspect the establishment of a registrant or applicant for registration in accordance with the rules of the board. [1977 c.745 §8; 1995 c.440 §24; 2011 c.524 §23]

 

      475.130 [Repealed by 1957 c.587 §12]

 

      475.135 Grounds to grant or deny registration; scope of registration; effect of federal registration. (1) 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 consider the following factors:

      (a) Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;

      (b) Failure to comply with applicable state or local laws;

      (c) Any convictions of the applicant under any federal or state laws relating to any controlled substance;

      (d) Past experience in the manufacture, delivery or dispensing of controlled substances and the existence in the applicant’s establishment of effective controls against diversion;

      (e) Furnishing by the applicant of false or fraudulent material in any application filed under ORS 475.005 to 475.285 and 475.752 to 475.980;

      (f) Suspension or revocation of the applicant’s federal registration to manufacture, deliver or dispense controlled substances as authorized by federal law; or

      (g) Any other factors relevant to and consistent with the public health and safety.

      (2) Registration under subsection (1) of this section does not entitle a registrant to manufacture, deliver or dispense controlled substances in Schedule I or II other than those specified in the registration.

      (3) Practitioners must be registered to conduct research with controlled substances in Schedules I through V if they are authorized to conduct research under the law of this state. The board need not require separate registration under ORS 475.095 and 475.125 to 475.185 for practitioners engaging in research with controlled substances in Schedules I through V where the registrant is already registered under ORS 475.095 and 475.125 to 475.185 in another capacity. Persons with valid registration from the Drug Enforcement Administration for research on controlled substances may conduct research within this state in compliance with other state law upon furnishing the board evidence of that federal registration, and are exempt from state prosecution for possession and distribution of controlled substances to the extent of the registration. Registration under ORS 475.005 to 475.285 and 475.752 to 475.980 does not exempt the registrant from compliance with any other relevant law of this state or the United States, unless such exemption is expressly provided under ORS 475.005 to 475.285 and 475.752 to 475.980.

      (4) Notwithstanding this section, the manufacture, delivery or dispensing of any controlled substance excluded from any medical use by federal law is prohibited, except:

      (a) For research authorized under subsection (3) of this section and ORS 475.225; or

      (b) As otherwise provided by state or federal law.

      (5) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under ORS 475.095 and 475.125 to 475.185. [1977 c.745 §9; 1979 c.777 §53; 1981 c.666 §5; 1995 c.440 §25; 2011 c.524 §24]

 

      475.140 [Repealed by 1957 c.587 §12]

 

      475.145 Revocation and suspension of registration. (1) 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:

      (a) 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;

      (b) The registrant has been convicted of a felony under any state or federal law relating to any controlled substance;

      (c) The registrant has had the federal registration suspended or revoked to manufacture, deliver or dispense controlled substances;

      (d) The registrant has violated any rule of the board under ORS 475.005 to 475.285 and 475.752 to 475.980;

      (e) The registrant has failed to maintain proper records or has failed to follow proper refill procedures; or

      (f) Continuance of registration would be inconsistent with the public interest under any factor stated in ORS 475.135.

      (2) The board may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

      (3) If the board suspends or revokes a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded unless a court, upon application therefor, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. Upon a revocation order becoming final, all controlled substances may be forfeited to the state.

      (4) The board shall promptly notify the administration of all orders suspending or revoking registration and all forfeitures of controlled substances. [1977 c.745 §10; 1981 c.666 §6; 1995 c.440 §26]

 

      475.150 [Amended by 1959 c.411 §1; 1971 c.418 §14; repealed by 1977 c.745 §54]

 

      475.155 Order to show cause. (1) 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 therefor and shall call upon the applicant or registrant to appear before the board at a time and place not less than 30 days after the date of service of the order. These proceedings shall be conducted in accordance with ORS chapter 183 without regard to any criminal prosecution or other proceeding. Proceedings to refuse renewal of registration shall not abate the existing registration which shall remain in effect pending the outcome of the administrative hearing.

      (2) The board may suspend, without an order to show cause, any registration simultaneously with the institution of proceedings under ORS 475.145 or where renewal of registration is refused, if it finds that there is an imminent danger to the public health or safety which warrants this action. The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless sooner withdrawn by the board or dissolved by a court of competent jurisdiction. [1977 c.745 §11]

 

      475.160 [Repealed by 1977 c.745 §54]

 

      475.165 Records of registrants. 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. [1977 c.745 §12; 1995 c.440 §27]

 

(Records)

 

      475.175 When order forms required. 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. [1977 c.745 §13]

 

      475.185 When prescriptions required. (1)(a) 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.

      (b) 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 practitioner, reduced promptly to writing and filed by the pharmacy. Such prescriptions shall be retained in conformity with the requirements of ORS 475.165.

      (c) A prescription for a Schedule II substance may not be refilled.

      (2) Except when dispensed directly by a practitioner to an ultimate user, a controlled substance included in Schedule III or IV may not be dispensed without a written, oral or electronically transmitted prescription of a practitioner. The prescription may not be filled or refilled more than six months after the date on which it was issued and a prescription authorized to be refilled may not be refilled more than five times. Additional quantities of the controlled substances listed in Schedule III or IV may be authorized by a practitioner only through issuance of a new prescription.

      (3) Except when dispensed directly by a practitioner to an ultimate user, a controlled substance included in Schedule V that is a prescription drug may not be dispensed without a written, oral or electronically transmitted prescription of a practitioner. The prescription may not be filled or refilled more than six months after the date on which it was issued and a prescription authorized to be refilled may not be refilled more than five times. Additional quantities of the controlled substances listed in Schedule V may be authorized by a practitioner only through issuance of a new prescription.

      (4) A controlled substance may not be delivered or dispensed other than for a medical purpose.

      (5) Except in good faith and in the course of professional practice only, a practitioner or a pharmacist may not dispense controlled substances.

      (6) Any oral or electronically transmitted prescription authorized by statute or rule must be stored by electronic means or reduced promptly to writing and filed by the pharmacy.

      (7) Issuance, preparation, labeling, dispensing, recordkeeping and filing of prescriptions or medication orders must be in conformance with the requirements of the federal law and rules of the board. [1977 c.745 §14; 1979 c.777 §54; 1981 c.666 §7; 2001 c.623 §4; 2011 c.524 §3; 2014 c.55 §1]

 

      475.188 Prescription drug orders; electronic transmission. (1) Prescription drug orders may be transmitted by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist.

      (2) All prescription drug orders communicated by way of electronic transmission shall:

      (a) Be transmitted only by an authorized practitioner;

      (b) Be transmitted directly to a pharmacist in a pharmacy of the patient’s choice with no intervening person having access to the prescription drug order;

      (c) Specify the prescribing practitioner’s telephone number for verbal confirmation, the time and date of transmission, the identity of the pharmacy intended to receive the transmission and all other information required for a prescription by federal or state law; and

      (d) Be traceable to the prescribing practitioner by an electronic signature or other secure method of validation.

      (3) An electronic transmission of a prescription drug order shall be stored by electronic means or reduced promptly to writing, filed by the pharmacy and retained in conformity with the requirements of ORS 475.165.

      (4) The dispensing pharmacist shall exercise professional judgment regarding the accuracy, validity and authenticity of an electronically transmitted prescription drug order.

      (5) All equipment for transmission, storage or receipt of electronically transmitted prescription drug orders shall be maintained to protect against unauthorized access.

      (6) A pharmacist, pharmacy or pharmacy department shall not enter into an agreement with a practitioner or health care facility concerning the provision of any electronic transmission equipment or apparatus that would adversely affect a patient’s freedom to select the pharmacy or pharmacy department of the patient’s choice.

      (7) A pharmacist, pharmacy or pharmacy department shall not provide any electronic equipment or apparatus to a practitioner or health care facility for the purpose of providing an incentive to the practitioner or health care facility to refer patients to a particular pharmacy or pharmacy department.

      (8) There shall be no additional charge to the patient because the prescription drug order was electronically transmitted.

      (9) Nothing in this section shall be construed as authorizing the electronic transmission of a prescription drug order when a written prescription is required under ORS 127.815, 137.473, 169.750 or 453.025. [2001 c.623 §2; 2003 c.102 §1; 2014 c.55 §2]

 

      Note: 475.188 was added to and made a part of 475.005 to 475.285 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      475.190 Exception to prescription requirement; rules. (1) 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 animals.

      (2) The State Board of Pharmacy, after consultation with the Oregon State Veterinary Medical Examining Board, shall adopt rules according to ORS 183.325 to 183.410 establishing requirements for registration, renewal of registration and revocation or suspension of registration under subsection (1) of this section. Those rules shall include a provision that the State Board of Pharmacy will suspend or revoke the registration of any humane society or animal control agency that allows a person who is not certified under subsection (4) of this section to administer sodium pentobarbital and sedative and analgesic medications.

      (3) Any person who is registered under ORS 475.005 to 475.285 and 475.752 to 475.980 to deliver or dispense controlled substances may deliver or dispense sodium pentobarbital and sedative and analgesic medications to a humane society or animal control agency registered under subsections (1) and (2) of this section.

      (4) The Oregon State Veterinary Medical Examining Board, after consultation with the State Board of Pharmacy, shall adopt rules establishing requirements for certification of persons to administer sodium pentobarbital and sedative and analgesic medications. Those rules may require that a person complete certain educational or training programs in order to be certified. A person may not administer sodium pentobarbital or sedative or analgesic medications unless the person is certified by the Oregon State Veterinary Medical Examining Board. [1983 c.342 §2; 1995 c.440 §28; 2019 c.126 §1]

 

      475.205 [1977 c.745 §24; repealed by 1981 c.666 §11]

 

(Miscellaneous)

 

      475.215 Cooperative arrangements. 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:

      (1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances; and

      (2) Cooperate in training programs concerning controlled substance law enforcement at local and state levels. [1977 c.745 §22]

 

      475.225 Education and research. (1) 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:

      (a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;

      (b) Assist the regulated industry and interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;

      (c) Consult with interested groups and organizations to aid them in solving administrative and organizational problems;

      (d) Evaluate procedures, projects, techniques and controls conducted or proposed as part of educational programs on misuse or abuse of controlled substances;

      (e) Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them; and

      (f) Assist in the education and training of state and local law enforcement officials in their efforts to control misuse and abuse of controlled substances.

      (2) The authority shall encourage research on the medical use, misuse and abuse of controlled substances. In connection with the research, and in furtherance of the enforcement of ORS 475.005 to 475.285 and 475.752 to 475.980, it may:

      (a) Establish methods to assess accurately the physiological, psychological and social effects of controlled substances and identify their medical uses, relative hazard potential, and potential for abuse;

      (b) Make studies and undertake programs of research to:

      (A) Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of ORS 475.005 to 475.285 and 475.752 to 475.980;

      (B) Determine patterns of use, misuse and abuse of controlled substances and the social effects thereof; and

      (C) Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances; or

      (c) Enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations or special projects which bear directly on misuse and abuse of controlled substances.

      (3) The authority may enter into contracts for educational and research activities without performance bonds and without regard to ORS 459A.475, 459A.480, 459A.485 and 459A.490. [1977 c.745 §25; 1981 c.666 §8; 1995 c.440 §29; 2003 c.794 §297; 2009 c.595 §963; 2015 c.167 §4]

 

(Pseudoephedrine)

 

      475.230 Transfer of pseudoephedrine without prescription; limitations; rules; penalty. (1) As used in this section, “intern,” “pharmacist,” “pharmacy” and “pharmacy technician” have the meanings given those terms in ORS 689.005.

      (2) 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 a person who is 18 years of age or older and who provides to the pharmacist, intern or pharmacy technician the person’s valid government-issued photo identification.

      (3) Prior to the transfer of a drug described in subsection (2) of this section, a pharmacist, intern or pharmacy technician shall submit the following information to the electronic system described in subsection (6) of this section:

      (a) The date and time of the transfer;

      (b) The name, address and date of birth of the person to whom the transfer will be made;

      (c) The form of government-issued photo identification and identification number of the person to whom the transfer will be made;

      (d) The name of the government agency that issued the photo identification; and

      (e) The name of the drug that will be transferred and the amount of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine, specified in grams, to be transferred.

      (4) If, after receiving the information submitted under subsection (3) of this section, the electronic system generates an alert to not proceed with the transfer, the pharmacist, intern or pharmacy technician may not transfer the drug described in subsection (2) of this section to the person, except as provided in subsection (6) of this section.

      (5)(a) Upon transferring a drug described in subsection (2) of this section, the pharmacist, intern or pharmacy technician shall require the person to whom the drug is transferred to sign an electronic or written log that shows the date of the transfer, the name of the person to whom the transfer is made and the amount transferred of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine, specified in grams.

      (b) The log described in this subsection must be retained at the pharmacy where the transfer was made for at least two years from the date of the transaction.

      (c) A law enforcement agency may obtain information contained in a log described in this subsection through a lawfully issued subpoena accepted by the State Board of Pharmacy. The board shall accept a lawfully issued subpoena under this paragraph, and shall adopt rules to carry out this paragraph. The board may designate a third party vendor as the custodian of records, including of a log described in this subsection.

      (6)(a) For purposes of tracking the transfer of drugs described in subsection (2) of this section, a pharmacy shall use an electronic system designed to prevent illegal transfer of drugs described in subsection (2) of this section. The electronic system must:

      (A) Be capable of tracking transfers nationwide in real time;

      (B) Be capable of generating an alert described in subsection (4) of this section;

      (C) Allow a pharmacist to override an alert described in subsection (4) of this section if, in the discretion of the pharmacist, the transfer is necessary to protect the person to whom the transfer will be made from imminent bodily harm;

      (D) Be able to communicate in real time with similar systems operated in other states and the District of Columbia, including with similar systems that contain information submitted by more than one state;

      (E) For each transfer, allow for the recording of:

      (i) The information described in subsection (3) of this section;

      (ii) The number of packages of the drug transferred;

      (iii) The total amount of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine transferred, specified in grams;

      (iv) The name of the drug transferred;

      (v) Either the signature of the person to whom the drug is transferred or a unique number connecting the transfer transaction to an electronic or written log described in subsection (5) of this section; and

      (vi) The name or initials of the pharmacist, intern or pharmacy technician who transferred the drug;

      (F) Be free of charge to a pharmacy;

      (G) Be accessible at no charge to law enforcement and to other authorized personnel, as determined by the board, through an online portal or at the pharmacy;

      (H) Retain information submitted for at least two years from the date of transaction; and

      (I) Be accompanied by training, 24-hour online support and a toll-free support telephone hotline.

      (b) A pharmacist who uses the override function described in this subsection shall record in the electronic system the use of the override.

      (7) A drug described in subsection (2) of this section must be:

      (a) Transferred from behind a pharmacy counter; and

      (b) Stored behind the pharmacy counter in an area that is closed to the public.

      (8) A person, other than a pharmacy, may not receive more than 3.6 grams per transfer, or more than nine grams in a 30-day period, of pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine.

      (9) This section does not apply to a drug that contains pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine when the drug is transferred pursuant to a prescription.

      (10) In addition to rules adopted under subsection (5) of this section, the board may adopt other rules as necessary to carry out this section.

      (11) Violation of this section, or a rule adopted pursuant to this section, is a Class A misdemeanor. [2021 c.297 §2; 2022 c.45 §1]

 

(Enforcement)

 

      475.235 Burden of proof; status of analysis of controlled substance; notice of objection. (1) 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.

      (2) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under ORS 475.005 to 475.285 and 475.752 to 475.980, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.

      (3)(a) When a controlled substance is at issue in a criminal proceeding before a grand jury, at a preliminary hearing, in a proceeding on a district attorney’s information, during a proceeding on a Class E violation or for purposes of an early disposition program, it is prima facie evidence of the identity of the controlled substance if:

      (A) A sample of the controlled substance is tested using a presumptive test for controlled substances;

      (B) The test is conducted by a law enforcement officer trained to use the test or by a forensic scientist; and

      (C) The test is positive for the particular controlled substance.

      (b) When the identity of a controlled substance is established using a presumptive test for purposes of a criminal proceeding before a grand jury, a preliminary hearing, a proceeding on a district attorney’s information or an early disposition program, the defendant, upon notice to the district attorney, may request that the controlled substance be sent to a state police forensic laboratory for analysis. The defendant may not make a request under this paragraph concerning a controlled substance at issue in a proceeding on a Class E violation.

      (4) Notwithstanding any other provision of law, in all prosecutions in which an analysis of a controlled substance or sample was conducted, a certified copy of the analytical report signed by the director of a state police forensic laboratory or the analyst or forensic scientist conducting the analysis shall be admitted as prima facie evidence of the results of the analytical findings unless the defendant has provided notice of an objection in accordance with subsection (5) of this section.

      (5) If the defendant intends to object at trial to the admission of a certified copy of an analytical report as provided in subsection (4) of this section, not less than 15 days prior to trial the defendant shall file written notice of the objection with the court and serve a copy on the district attorney.

      (6) As used in this section:

      (a) “Analyst” means a person employed by the Department of State Police to conduct analysis in forensic laboratories established by the department under ORS 181A.150.

      (b) “Presumptive test” includes, but is not limited to, chemical tests using Marquis reagent, Duquenois-Levine reagent, Scott reagent system or modified Chen’s reagent. [1977 c.745 §23; 1989 c.194 §1; 1995 c.440 §6; 1997 c.346 §1; 2001 c.870 §14; 2003 c.538 §1; 2007 c.636 §§1,2; 2009 c.610 §8; 2021 c.591 §42]

 

      475.237 Treatment of offense as Class E violation; dismissal. (1) Notwithstanding ORS 161.566, a prosecuting attorney may elect to treat as a Class E violation any offense that would constitute a Class E violation had the offense been committed on or after February 1, 2021, as described in this section.

      (2) If the prosecuting attorney elects to treat an offense as a Class E violation under this section, with the consent of the defendant and as part of the same hearing, the prosecuting attorney shall move to dismiss the original offense and simultaneously initiate a Class E violation proceeding. In providing consent under this subsection, the defendant waives any challenge to the Class E violation under ORS 131.125.

      (3) If, at the hearing described in subsection (2) of this section, the court has received verification that the defendant has obtained a screening through a Behavioral Health Resource Network, including the telephone hotline described in ORS 430.391 (1), or any other equivalent or more intensive treatment contact, the court shall dismiss the citation. [2021 c.591 §46]

 

      Note: 475.237 was enacted into law by the Legislative Assembly but was 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.

 

      475.245 Conditional discharge. (1)(a) 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.

      (b) A probation agreement carries the understanding that if the defendant fulfills the terms of the agreement, the criminal charges filed against the defendant will be dismissed with prejudice.

      (c) The agreement must contain a waiver of the following rights of the defendant with respect to each criminal charge:

      (A) The right to a speedy trial and trial by jury;

      (B) The right to present evidence on the defendant’s behalf;

      (C) The right to confront and cross-examine witnesses against the defendant;

      (D) The right to contest evidence presented against the defendant, including the right to object to hearsay evidence; and

      (E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt entered under subsection (2) of this section, unless the appeal is based on an allegation that the sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.

      (d) The agreement must include a requirement that the defendant pay any restitution owed to the victim as determined by the court, and any fees for court-appointed counsel ordered by the court under ORS 135.050.

      (e) The agreement may not contain a requirement that the defendant enter a plea of guilty or no contest on any charge in the accusatory instrument.

      (f) Entering into a probation agreement does not constitute an admission of guilt and is not sufficient to warrant a finding or adjudication of guilt by a court.

      (g) Police reports or other documents associated with the criminal charges in a court file other than the probation agreement may not be admitted into evidence, and do not establish a factual basis for finding the defendant guilty, unless the court resumes criminal proceedings and enters an adjudication of guilt under subsection (2) of this section.

      (2) Upon violation of a term or condition of the probation agreement, the court may resume the criminal proceedings and may find the defendant guilty of the offenses in the accusatory instrument in accordance with the waiver of rights in the probation agreement. The defendant may not contest the sufficiency of the evidence establishing the defendant’s guilt of the offenses in the accusatory instrument.

      (3) Upon fulfillment of the terms and conditions of the probation agreement, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There may be only one discharge and dismissal under this section with respect to any person.

      (4) In the event that the period of probation under this section expires, but the terms and conditions of the probation agreement have not been fulfilled and no probation violation proceeding was initiated prior to the expiration of the period of probation, the court may not discharge the person and dismiss the proceedings against the person. The court shall instead issue an order requiring the person to appear and to show cause why the court should not enter an adjudication of guilt as described in subsection (2) of this section due to the failure of the person to fulfill the terms and conditions of the probation agreement prior to expiration of the period of probation. At the hearing on the order to show cause, after considering any evidence or argument from the district attorney and the person, the court may:

      (a) Order a new period of probation to allow the person to fulfill the terms and conditions of the probation agreement; or

      (b) Enter an adjudication of guilt as described in subsection (2) of this section.

      (5) This section applies to the following offenses:

      (a) Possession of a controlled substance under ORS 475.752 (3), 475.814, 475.824, 475.834, 475.854, 475.874, 475.884 or 475.894;

      (b) Unlawfully possessing a prescription drug under ORS 689.527 (6);

      (c) Unlawfully possessing marijuana plants, usable marijuana, cannabinoid products, cannabinoid concentrates or cannabinoid extracts as described in ORS 475C.337 or 475C.341, if the offense is a misdemeanor or felony;

      (d) Endangering the welfare of a minor under ORS 163.575 (1)(b);

      (e) Frequenting a place where controlled substances are used under ORS 167.222; and

      (f) A property offense that is motivated by a dependence on a controlled substance or a marijuana item as defined in ORS 475C.009. [1977 c.745 §21; 1995 c.440 §30; 1999 c.799 §1; 2001 c.834 §§6,10; 2005 c.706 §26; 2005 c.708 §§56,57; 2011 c.524 §2; 2013 c.75 §1; 2015 c.125 §1; 2016 c.24 §58; 2017 c.21 §23; 2019 c.445 §1]

 

      475.255 Status of penalties. 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. [1977 c.745 §18; 1995 c.440 §31]

 

      475.265 When prosecution barred. 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. [1977 c.745 §19; 1995 c.440 §32]

 

(Interpretation; Title)

 

      475.275 Uniformity of interpretation. 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. [1977 c.745 §28; 1995 c.440 §33]

 

      475.285 Short title. ORS 475.005 to 475.285 and 475.752 to 475.980 may be cited as the Uniform Controlled Substances Act. [1977 c.745 §29; 1995 c.440 §7]

 

      475.290 [2015 c.1 §72; 2015 c.614 §68; repealed by 2017 c.21 §126]

 

      475.295 [1989 c.1075 §2; 1991 c.460 §3; 1993 c.33 §358; renumbered 430.400 in 1993]

 

      475.300 [1999 c.4 §2; 2015 c.614 §90; renumbered 475B.400 in 2015]

 

      475.302 [1999 c.4 §3; 2001 c.900 §205; 2003 c.14 §305; 2005 c.22 §346; 2005 c.822 §1; 2007 c.573 §1; 2009 c.595 §964; 2013 c.337 §1; 2013 c.726 §3; 2015 c.614 §80; 2015 c.844 §4; renumbered 475B.410 in 2015]

 

      475.303 [2005 c.822 §7; 2009 c.595 §965; 2015 c.614 §90a; renumbered 475B.520 in 2015]

 

      475.304 [2005 c.822 §8; 2007 c.573 §2; 2009 c.595 §966; 2011 c.630 §92; 2013 c.726 §4; 2015 c.614 §81; renumbered 475B.420 in 2015]

 

      475.305 [1977 c.636 §1; 1979 c.674 §1; repealed by 1993 c.571 §30]

 

      475.306 [1999 c.4 §7; 2005 c.822 §2; 2009 c.595 §967; 2015 c.614 §84; renumbered 475B.433 in 2015]

 

      475.309 [1999 c.4 §4; 1999 c.825 §2; 2003 c.14 §306; 2005 c.822 §3; 2007 c.573 §3; 2009 c.595 §968; 2013 c.726 §5; 2015 c.736 §§103,116; renumbered 475B.415 in 2015]

 

      475.312 [1999 c.4 §13; 2009 c.595 §969; 2015 c.614 §80b; renumbered 475B.418 in 2015]

 

      475.314 [2013 c.726 §2; 2014 c.79 §5; 2015 c.614 §86; renumbered 475B.450 in 2015]

 

      475.315 [1977 c.636 §2; 1979 c.674 §2; repealed by 1993 c.571 §30]

 

      475.316 [1999 c.4 §5; 1999 c.825 §3; 2005 c.822 §13; 2007 c.573 §4; 2009 c.595 §970; 2015 c.614 §87b; renumbered 475B.478 in 2015]

 

      475.319 [1999 c.4 §6; 1999 c.825 §4; 2005 c.22 §347; 2005 c.822 §12; 2015 c.614 §87a; renumbered 475B.480 in 2015]

 

      475.320 [2005 c.822 §9; 2007 c.573 §5; 2009 c.595 §971; 2013 c.726 §6; 2015 c.614 §82; renumbered 475B.428 in 2015]

 

      475.323 [1999 c.4 §8; 1999 c.825 §5; 2005 c.22 §348; 2013 c.726 §7; 2015 c.614 §90b; renumbered 475B.490 in 2015]

 

      475.324 [2005 c.822 §10; repealed by 2015 c.614 §175a]

 

      475.325 [1977 c.636 §3; 1979 c.674 §3; repealed by 1993 c.571 §30]

 

      475.326 [1999 c.4 §9; 2005 c.822 §11; 2015 c.614 §90c; renumbered 475B.483 in 2015]

 

      475.328 [1999 c.4 §10; 2005 c.822 §4; 2015 c.614 §90d; renumbered 475B.485 in 2015]

 

      475.331 [1999 c.4 §12; 2005 c.822 §5; 2009 c.595 §972; 2013 c.726 §8; 2015 c.614 §90e; renumbered 475B.460 in 2015]

 

      475.334 [1999 c.4 §14; 2009 c.595 §973; 2015 c.614 §90f; renumbered 475B.517 in 2015]

 

      475.335 [1977 c.636 §4; 1979 c.674 §4; repealed by 1993 c.571 §30]

 

      475.338 [1999 c.4 §15; 2009 c.595 §974; 2015 c.614 §90g; renumbered 475B.525 in 2015]

 

      475.340 [1999 c.4 §16; 2015 c.614 §90h; renumbered 475B.413 in 2015]

 

      475.342 [1999 c.4 §11; 2015 c.614 §90i; renumbered 475B.515 in 2015]

 

      475.345 [1977 c.636 §5; 1979 c.674 §5; repealed by 1993 c.571 §30]

 

      475.346 [1999 c.4 §1; renumbered 475B.405 in 2015]

 

      475.355 [1977 c.636 §6; 1979 c.674 §6; repealed by 1993 c.571 §30]

 

      475.360 [1979 c.674 §10; repealed by 1993 c.571 §30]

 

      475.365 [1977 c.636 §7; 1979 c.674 §7; repealed by 1993 c.571 §30]

 

      475.375 [1977 c.636 §8; 1979 c.674 §8; repealed by 1993 c.571 §30]

 

MISCELLANEOUS DRUGS

 

(Dextromethorphan)

 

      475.380 Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger; penalties; exceptions. (1) 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.

      (2)(a) 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 finished drug product to an individual who is 17 years of age or younger.

      (b) An individual who is 17 years of age or younger may not purchase or receive a finished drug product containing dextromethorphan from a business that makes retail sales of the finished drug product.

      (3)(a) Violation of subsection (2)(a) of this section:

      (A) Is punishable by a warning from a law enforcement agency for the first violation.

      (B) Is punishable by a specific fine violation in an amount not to exceed:

      (i) $150 for the second violation; and

      (ii) $250 for the third or subsequent violation.

      (b) Violation of subsection (2)(b) of this section:

      (A) Is punishable by a warning from a law enforcement agency for the first violation.

      (B) Is punishable by a specific fine violation in an amount not to exceed $50 for the second or subsequent violation.

      (4) Subsection (2)(a) of this section does not apply to a business or an employee who sells or delivers a finished drug product containing dextromethorphan if:

      (a) Based on the outward appearance of the individual to whom the finished drug product is sold or delivered, a person would reasonably presume that the individual is 25 years of age or older; or

      (b) Before selling or delivering the finished drug product to an individual:

      (A) The business or employee requires the individual to present one of the following pieces of identification:

      (i) A passport;

      (ii) A driver license, whether issued in this state or by another state;

      (iii) An identification card issued under ORS 807.400;

      (iv) An identification card issued by the United States military; or

      (v) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual;

      (B) The piece of identification presented establishes that the individual is 18 years of age or older;

      (C) The piece of identification presented accurately describes the individual; and

      (D) If the piece of identification presented was falsified, a reasonable person would determine, upon inspecting the piece of identification under the same or similar circumstances, that the piece of identification was not altered and accurately describes the individual.

      (5) This section does not apply to the sale, delivery, purchase or receipt of a finished drug product containing dextromethorphan if the finished drug product is sold or delivered pursuant to a valid prescription. [2017 c.345 §1]

 

      Note: 475.380 to 475.386 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.

 

      475.382 Limitation on compliance requirements. 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 specific location within the business, any restriction on an individual’s direct access to the finished drug product and any requirement to keep and maintain records of transactions involving the finished drug product. [2017 c.345 §2]

 

      Note: See note under 475.380.

 

      475.384 Trade association list of marketed products containing dextromethorphan; ability to request. 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 per year. [2017 c.345 §3]

 

      Note: See note under 475.380.

 

      475.386 State preemption. 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. [2017 c.345 §4]

 

      Note: See note under 475.380.

 

(Nitrous Oxide)

 

      475.390 Prohibition on retail sale of nitrous oxide to individual under 18 years of age; penalties. (1) A business that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide, or an employee of the business, may not sell or deliver a nitrous oxide canister from which an individual may directly inhale nitrous oxide to an individual who is under 18 years of age.

      (2)(a) Except as provided in paragraph (b) of this subsection, violation of this section is a Class A violation.

      (b) Violation of this section is a Class C misdemeanor if at the time of sentencing the person has been convicted and sentenced, during a prior proceeding, under this section.

      (3) This section does not apply to a business or employee who sells or delivers a nitrous oxide canister from which an individual may directly inhale nitrous oxide if, before selling or delivering the nitrous oxide canister to an individual:

      (a) The business or employee requires the individual to present one of the following pieces of identification:

      (A) A passport;

      (B) A driver license, whether issued in this state or by another state;

      (C) An identification card issued under ORS 807.400;

      (D) An identification card issued by the United States military; or

      (E) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual;

      (b) The piece of identification presented establishes that the individual is 18 years of age or older;

      (c) The piece of identification presented accurately describes the individual; and

      (d) If the piece of identification presented was falsified, a reasonable person would determine, upon inspecting the piece of identification under the same or similar circumstances, that the piece of identification was not altered and accurately describes the individual. [2017 c.402 §1]

 

      Note: 475.390 was enacted into law by the Legislative Assembly but was 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.

 

(Kratom)

 

      475.392 Short title. ORS 475.394 to 475.404 shall be known and may be cited as the Oregon Kratom Consumer Protection Act. [2022 c.41 §1]

 

      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.

 

      475.394 Definitions for ORS 475.394 to 475.404. As used in ORS 475.394 to 475.404:

      (1) “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.

      (2) “Processor” means a person that sells, distributes or exposes for sale kratom products on a wholesale basis to a retailer.

      (3) “Retailer” means a person that sells, distributes or exposes for sale kratom products to individuals for personal consumption. [2022 c.41 §2]

 

      Note: See note under 475.392.

 

      475.396 Prohibition on unregistered processing; civil penalty. (1) 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.

      (2) 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.

      (3) Except as otherwise provided by state tax law or the department by rule or order, a civil penalty imposed under this section may be appealed as a contested case proceeding under ORS chapter 183. [2022 c.41 §3]

 

      Note: See note under 475.392.

 

      475.398 Prohibition on sale, distribution, exposure of kratom product to minor; penalty. (1) A retailer may not sell, distribute or expose for sale a kratom product to an individual under 21 years of age.

      (2) A retailer that violates subsection (1) of this section is guilty of a Class C misdemeanor for each violation. [2022 c.41 §4]

 

      Note: See note under 475.392.

 

      475.400 Department of Revenue suspense account. 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. Moneys necessary to pay administrative and enforcement expenses and refunds are continuously appropriated to the department from the suspense account. [2022 c.41 §5]

 

      Note: See note under 475.392.

 

      475.402 Application of ORS chapters 305, 314 to civil penalties. 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 procedures, apply to the determination of civil penalties imposed under ORS 475.396 and registration fees imposed under ORS 475.404. [2022 c.41 §6]

 

      Note: See note under 475.392.

 

      475.404 Department of Revenue rules; fees. (1) The Department of Revenue shall adopt rules necessary to carry out ORS 475.394 and 475.396, including rules establishing:

      (a) 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 satisfy industry standards for adulteration;

      (b) A reasonable registration fee to be paid to the department by a processor to support the administration and enforcement of ORS 475.394 to 475.404; and

      (c) Any other requirements the department deems appropriate.

      (2) Fees collected under subsection (1) of this section may not exceed the cost to administer and enforce ORS 475.394 to 475.404. [2022 c.41 §7]

 

      Note: See note under 475.392.

 

ILLEGAL DRUG CLEANUP

 

      475.405 Definitions for ORS 475.405 to 475.495. As used in ORS 475.405 to 475.495:

      (1) “Chemical” means:

      (a) 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.

      (b) 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.

      (c) Any substance used in the manufacture of a cannabinoid extract as defined in ORS 475C.009.

      (d) Any material or substance designated by the Environmental Quality Commission under ORS 475.425.

      (2) “Cleanup” includes any action the Department of Environmental Quality, or a person acting on behalf of the department, is required to take pursuant to a request under ORS 475.415.

      (3) “Cleanup costs” means reasonable costs that are attributable to or associated with cleanup at an alleged illegal drug manufacturing site, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.

      (4) “Commission” means the Environmental Quality Commission.

      (5) “Department” means the Department of Environmental Quality.

      (6) “Director” means the Director of the Department of Environmental Quality.

      (7) “Fund” means the Illegal Drug Cleanup Fund established under ORS 475.495.

      (8) “Owner or operator” means any person who owns, leases, operates or controls an alleged illegal drug manufacturing site. “Owner or operator” does not include a person, who, without participating in the management of an alleged illegal drug manufacturing site, holds indicia of ownership primarily to protect a security interest in the site.

      (9) “Site” means an illegal drug manufacturing site. [1987 c.699 §1; 1995 c.440 §8; 2017 c.21 §24]

 

      475.415 Request for cleanup. 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. [1987 c.699 §2]

 

      475.425 Environmental Quality Commission rules; designation of chemicals. (1) 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.

      (2) 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 controlled substance or precursor substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980 or used to illegally manufacture drugs. [1987 c.699 §3; 1995 c.440 §9]

 

      475.435 Authority of director. (1) Upon request of a law enforcement agency, the Director of the Department of Environmental Quality:

      (a) May undertake directly or by contract any cleanup action necessary to protect the public health, safety, welfare and the environment; or

      (b) May authorize any person to carry out any cleanup action in accordance with any requirements of or directions from the director, if the director determines that the person will commence and complete the cleanup action properly and in a timely manner. However, the director in most circumstances shall not require the law enforcement agency to be responsible for carrying out the cleanup action.

      (2) Nothing in ORS 475.415 to 475.455, 475.475 and 475.485 shall prevent the director from taking any emergency cleanup action necessary to protect public health, safety, welfare or the environment.

      (3) The director may require a person liable under ORS 475.455 to conduct any cleanup action or related actions necessary to protect the public health, safety, welfare and the environment. The director’s action under this subsection may include but need not be limited to issuing an order specifying the cleanup action the person must take.

      (4) The director may request the Attorney General to bring an action or proceeding for legal or equitable relief, in the circuit court of the county in which the site is located or in Marion County, as may be necessary:

      (a) To enforce an order issued under subsection (3) of this section; or

      (b) To abate any imminent and substantial danger to the public health, safety, welfare or the environment related to a release.

      (5) Notwithstanding any provision of ORS chapter 183, any order issued by the director under subsection (3) of this section shall not be appealable to the Environmental Quality Commission or subject to judicial review.

      (6) If any person who is liable under ORS 475.455 fails without sufficient cause to conduct a cleanup action as required by an order of the director, the person shall be liable to the Department of Environmental Quality for the state’s cleanup costs and for punitive damages not to exceed three times the amount of the state’s cleanup costs.

      (7) Nothing in this section is intended to interfere with, limit or abridge the authority of the State Fire Marshal or any other state agency or local unit of government relating to an emergency that presents a combustion or explosion hazard. [1987 c.699 §6]

 

      475.445 Site entry; purposes. (1) 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:

      (a) Sample, inspect, examine and investigate;

      (b) Examine and copy records and other information; or

      (c) Carry out cleanup action authorized by ORS 475.415 to 475.455, 475.475 and 475.485.

      (2) If any person refuses to provide information, documents, records or to allow entry under subsection (1) of this section, the department may request the Attorney General to seek from a court of competent jurisdiction an order requiring the person to provide such information, documents, records or to allow entry. [1987 c.699 §4]

 

      475.455 Liability of certain persons for cleanup costs. (1) 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:

      (a) Any owner or operator at or during the time of the acts or omissions that resulted in a site being created or damage to natural resources.

      (b) Any owner or operator who became the owner or operator after the time of the acts or omissions that resulted in a site being created or damages, and who knew or reasonably should have known of the site or damages when the person first became the owner or operator.

      (c) Any owner or operator who obtained actual knowledge of the site or damages during the time the person was the owner or operator of the site and then subsequently transferred ownership or operation of the site to another person without disclosing such knowledge.

      (d) Any person who, by any acts or omissions, caused, contributed to or exacerbated the site or damage, unless the acts or omissions were in material compliance with applicable laws, standards, regulations, licenses or permits.

      (e) Any person who unlawfully hinders or delays entry to, investigation of or cleanup action at a site.

      (2) Except as provided in subsection (1)(b) to (e) of this section and subsection (4) of this section, the following persons shall not be liable for cleanup costs incurred by the state or any other person that are attributable to or associated with a site, or for damages for injury to or destruction of any natural resources caused by chemicals at the site:

      (a) Any owner or operator who became the owner or operator after the time of the acts or omissions that resulted in the site being created or damages, and who did not know and reasonably should not have known of the damages when the person first became the owner or operator.

      (b) Any owner or operator of property that was contaminated by the migration of chemicals from real property not owned or operated by the person.

      (c) Any owner or operator at or during the time of the acts or omissions that resulted in the site or damages, if the site or damage at the site was caused solely by one or a combination of the following:

      (A) An act of God. “Act of God” means an unanticipated grave natural disaster or other natural phenomenon of an exceptional, inevitable and irresistible character, the effects of which could not have been prevented or avoided by the exercise of due care or foresight.

      (B) An act of war.

      (C) Acts or omissions of a third party, other than an employee or agent of the person asserting this defense, or other than a person whose acts or omissions occur in connection with a contractual relationship, existing directly or indirectly, with the person asserting this defense. As used in this subparagraph, “contractual relationship” includes but is not limited to land contracts, deeds or other instruments transferring title or possession.

      (3) Except as provided in subsection (1)(c) to (e) of this section or subsection (4) of this section, the following persons shall not be liable for cleanup costs incurred by the state or any other person that are attributable to or associated with an alleged illegal drug manufacturing site, or for damages for injury to or destruction of any natural resources caused by chemicals at the site:

      (a) A unit of state or local government that acquired ownership or control of a site in the following ways:

      (A) Involuntarily by virtue of its function as sovereign, including but not limited to escheat, bankruptcy, tax delinquency or abandonment; or

      (B) Through the exercise of eminent domain authority by purchase or condemnation.

      (b) A person who acquired a site by inheritance or bequest.

      (4) Notwithstanding the exclusions from liability provided for specified persons in subsections (2) and (3) of this section, such persons shall be liable for cleanup costs incurred by the state or any other person that are attributable to or associated with a site, and for damages for injury to or destruction of any natural resources caused by chemicals at a site, to the extent that the person’s acts or omissions contribute to such costs or damages, if the person:

      (a) Obtained actual knowledge of the chemicals at a site or damages and then failed to promptly notify the Department of Environmental Quality and exercise due care with respect to the chemicals concerned, taking into consideration the characteristics of the chemicals in light of all relevant facts and circumstances; or

      (b) Failed to take reasonable precautions against the reasonably foreseeable acts or omissions of a third party and the reasonably foreseeable consequences of such acts or omissions.

      (5)(a) No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from any person who may be liable under this section, to any other person, the liability imposed under this section. Nothing in this section shall bar any agreement to insure, hold harmless or indemnify a party to such agreement for any liability under this section.

      (b) A person who is liable under this section shall not be barred from seeking contribution from any other person for liability under this section.

      (c) Nothing in ORS 475.415 to 475.455, 475.475 and 475.485 shall bar a cause of action that a person liable under this section or a guarantor has or would have by reason of subrogation or otherwise against any person.

      (d) Nothing in this section shall restrict any right that the state or any person might have under federal statute, common law or other state statute to recover cleanup costs or to seek any other relief related to the cleanup of an alleged illegal drug manufacturing site.

      (6) To establish, for purposes of subsection (1)(b) of this section or subsection (2)(a) of this section, that the person did or did not have reason to know, the person must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.

      (7)(a) Except as provided in paragraph (b) of this subsection, no person shall be liable under ORS 475.415 to 475.455, 475.475 and 475.485 for costs or damages as a result of actions taken or omitted in the course of rendering care, assistance or advice in accordance with rules adopted by the Environmental Quality Commission or at the direction of the department or its authorized representative, with respect to an incident creating a danger to public health, safety, welfare or the environment as a result of any cleanup of a site. This paragraph shall not preclude liability for costs or damages as the result of negligence on the part of such person.

      (b) No state or local government shall be liable under this section for costs or damages as a result of actions taken in response to an emergency created by the chemicals at or generated by or from a site owned by another person. This paragraph shall not preclude liability for costs or damages as a result of gross negligence or intentional misconduct by the state or local government. For the purpose of this paragraph, reckless, willful or wanton misconduct shall constitute gross negligence.

      (c) This subsection shall not alter the liability of any person covered by subsection (1) of this section. [1987 c.699 §5]

 

      475.465 Liability of state for cleanup. 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 identification, cleanup, storage or disposal of such chemicals by the Department of Environmental Quality. [1987 c.699 §10]

 

      475.475 Department record of costs; collection of costs. (1) The Department of Environmental Quality shall keep a record of the state’s cleanup costs.

      (2) 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.

      (3) If the state’s cleanup costs and punitive damages are not paid by the liable person to the department within 45 days after receipt of notice that such costs and damages are due and owing, the Attorney General, at the request of the Director of the Department of Environmental Quality, shall bring an action in the name of the State of Oregon in a court of competent jurisdiction to recover the amount owed, plus reasonable legal expenses.

      (4) All moneys received by the department under this section shall be deposited in the Illegal Drug Cleanup Fund established under ORS 475.495. [1987 c.699 §7]

 

      475.485 Costs and penalties as lien; enforcement of lien. (1) 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.

      (2) 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 personal property. The department shall file a claim of lien on real property to be charged with a lien under this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. The lien shall attach and become enforceable on the day of such filing. The lien claim shall contain:

      (a) A statement of the demand;

      (b) The name of the person against whose property the lien attaches;

      (c) A description of the property charged with the lien sufficient for identification; and

      (d) A statement of the failure of the person to conduct cleanup action and pay penalties and damages as required.

      (3) The lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens.

      (4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which the person is liable under ORS 475.435 or 475.455.

      (5) A lien created under this section shall have priority over any claim of the state under ORS 166.715 to 166.735 or any local government forfeiture ordinance or regulation. [1987 c.699 §8]

 

      475.495 Illegal Drug Cleanup Fund; sources; uses. (1) The Illegal Drug Cleanup Fund is established separate and distinct from the General Fund in the State Treasury.

      (2) The following moneys shall be deposited into the State Treasury and credited to the Illegal Drug Cleanup Fund:

      (a) Moneys recovered or otherwise received from responsible parties for cleanup costs;

      (b) Moneys received from a state agency, local government unit or any agency of a local government unit for cleanup of illegal drug manufacturing sites, including moneys received from forfeiture proceeds under the provisions of ORS 131A.360 and 131A.365;

      (c) Moneys received from the federal government for cleanup of illegal drug manufacturing sites; and

      (d) Any penalty or punitive damages recovered under ORS 475.435, 475.455 or 475.485.

      (3) The State Treasurer may invest and reinvest moneys in the Illegal Drug Cleanup Fund in the manner provided by law. Interest earned by the fund shall be credited to the fund.

      (4) The moneys in the Illegal Drug Cleanup Fund are appropriated continuously to the Department of Environmental Quality to be used as provided for in subsection (5) of this section.

      (5) Moneys in the Illegal Drug Cleanup Fund may be used for the following purposes:

      (a) Payment of the state’s cleanup costs;

      (b) Funding any action or activity authorized by ORS 475.415 to 475.455, 475.475 and 475.485; and

      (c) Funding safety certification training and personal protective equipment for law enforcement personnel assigned to respond to illegal drug manufacturing sites.

      (6) In addition to the purposes provided for in subsection (5) of this section, moneys in the Illegal Drug Cleanup Fund received from forfeiture proceeds under the provisions of ORS 131A.360 and 131A.365 may be transferred to the Oregon Health Authority to support the administration of the illegal drug manufacturing cleanup program provided for in ORS 453.855 to 453.912.

      (7) The department may not expend more than $250,000 in each biennium of the forfeiture proceeds that are paid into the Illegal Drug Cleanup Fund by political subdivisions under the provisions of ORS 131A.360. If at the end of a biennium more than $250,000 has been paid into the Illegal Drug Cleanup Fund under the provisions of ORS 131A.360, the department shall refund to each political subdivision that made payments into the fund a pro rata share of the excess amount, based on the amount of forfeiture proceeds paid into the fund by the political subdivision. [1987 c.699 §9; 1989 c.966 §56; 1993 c.699 §5; 2001 c.780 §§19,19a; 2009 c.78 §52; 2011 c.524 §1; 2011 c.597 §217; 2011 c.720 §205a]

 

      475.505 [1979 c.253 §1; repealed by 1987 c.75 §1]

 

      475.510 [1979 c.253 §2; repealed by 1987 c.75 §1]

 

      475.515 [1979 c.253 §3; repealed by 1987 c.75 §1]

 

DRUG PARAPHERNALIA

 

      475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions; immunity for distribution of certain items. (1) 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.

      (2) 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:

      (a) 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;

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

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

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

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

      (f) Lighting equipment specifically designed for growing controlled substances;

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

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

      (A) Smoking and carburetion masks;

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

      (C) Miniature cocaine spoons and cocaine vials.

      (3) 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.

      (4) 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.

      (5)(a) 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.

      (b) 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:

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

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

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

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

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

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

      (6) 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. [1989 c.1077 §1; 1995 c.440 §10; 2015 c.1 §75; 2017 c.17 §42a; 2017 c.21 §25; 2023 c.593 §17]

 

      475.528 Provision of single-use drug test strips, drug testing tools to certain minors; exceptions. (1) 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 care provider.

      (2) As used in this section, “mental health care provider” means a:

      (a) Physician licensed under ORS chapter 677;

      (b) Physician assistant licensed under ORS 677.505 to 677.525;

      (c) Psychologist licensed under ORS 675.010 to 675.150;

      (d) Nurse practitioner licensed under ORS 678.375 to 678.390;

      (e) Clinical social worker licensed under ORS 675.530;

      (f) Licensed professional counselor licensed under ORS 675.715;

      (g) Licensed marriage and family therapist licensed under ORS 675.715;

      (h) Naturopathic physician licensed under ORS chapter 685;

      (i) Chiropractic physician licensed under ORS chapter 684;

      (j) Community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule; or

      (k) Organizational provider, as defined in ORS 430.637, that holds a certificate of approval. [2023 c.593 §16]

 

      475.535 Action to enforce ORS 475.525 to 475.565. 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. [1989 c.1077 §2]

 

      475.545 Order of forfeiture of paraphernalia; effect. 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 proceeds to be deposited in the Common School Fund. [1989 c.1077 §3]

 

      475.555 Seizure of drug paraphernalia. An official of the state, its political subdivisions or any agency thereof may seize drug paraphernalia when:

      (1) The drug paraphernalia is the subject of an adverse judgment under ORS 475.525 to 475.565;

      (2) The seizure is in the course of a constitutionally valid arrest or search;

      (3) The owner or person in possession of the drug paraphernalia consents to the seizure; or

      (4) The seizure is pursuant to a lawful order of a court, including an order issued under ORCP 83 or ORS 166.725. [1989 c.1077 §5]

 

      475.565 Civil penalty for violation of ORS 475.525. (1) In addition to any other penalty provided by law:

      (a) 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

      (b) The court may order other equitable remedies including but not limited to injunctive relief.

      (2) Any amounts collected under this section shall be forwarded to the State Treasurer for deposit in the General Fund to the credit of the Oregon Health Authority. The moneys shall be used for the development and implementation of drug abuse prevention activities and adolescent treatment. [1989 c.1077 §4; 2003 c.14 §307; 2009 c.595 §975; 2011 c.597 §218]

 

      475.610 [1955 c.573 §2; 1957 c.587 §9; repealed by 1959 c.411 §2 (475.615 enacted in lieu of 475.610)]

 

      475.615 [1959 c.411 §3 (enacted in lieu of 475.610); repealed by 1977 c.745 §54]

 

      475.620 [1955 c.573 §3; 1957 c.587 §10; repealed by 1959 c.411 §4 (475.625 enacted in lieu of 475.620)]

 

      475.625 [1959 c.411 §5 (enacted in lieu of 475.620); 1963 c.137 §2; 1969 c.310 §2; repealed by 1971 c.743 §432]

 

      475.630 [1955 c.573 §4; repealed by 1959 c.411 §6 (475.655 enacted in lieu of 475.630)]

 

      475.635 [1959 c.411 §11 (enacted in lieu of 475.650); 1969 c.310 §3; repealed by 1971 c.743 §432]

 

      475.640 [1955 c.573 §5; repealed by 1959 c.411 §8 (475.665 enacted in lieu of 475.640)]

 

      475.645 [1959 c.411 §21 (enacted in lieu of 475.700); 1969 c.391 §15; 1971 c.743 §380; 1973 c.697 §20; 1977 c.745 §41; repealed by 1977 c.871 §29]

 

      475.650 [1955 c.573 §6; repealed by 1959 c.411 §10 (475.635 enacted in lieu of 475.650)]

 

      475.655 [1959 c.411 §7 (enacted in lieu of 475.630); 1963 c.137 §3; 1971 c.743 §381; repealed by 1973 c.697 §21]

 

      475.660 [1955 c.573 §7; repealed by 1959 c.411 §12 (475.675 enacted in lieu of 475.660)]

 

      475.665 [1959 c.411 §9 (enacted in lieu of 475.640); 1971 c.743 §382; 1973 c.697 §17; 1977 c.745 §42; repealed by 1977 c.871 §29]

 

      475.670 [1955 c.573 §8; repealed by 1959 c.411 §14 (475.705 enacted in lieu of 475.670)]

 

      475.675 [1959 c.411 §13 (enacted in lieu of 475.660); 1969 c.638 §2; 1973 c.697 §18; repealed by 1977 c.871 §29]

 

      475.680 [1955 c.573 §§9,13; repealed by 1959 c.411 §16 (475.685 enacted in lieu of 475.680)]

 

      475.685 [1959 c.411 §17 (enacted in lieu of 475.680); 1973 c.697 §15; repealed by 1977 c.871 §29]

 

      475.690 [1955 c.573 §9; repealed by 1959 c.411 §18 (475.695 enacted in lieu of 475.690)]

 

      475.695 [1959 c.411 §19 (enacted in lieu of 475.690); 1973 c.697 §16; 1977 c.745 §48; repealed by 1977 c.871 §29]

 

      475.700 [1955 c.573 §10; repealed by 1959 c.411 §20 (475.645 enacted in lieu of 475.700)]

 

      475.705 [1959 c.411 §15 (enacted in lieu of 475.670); 1969 c.638 §3; 1973 c.697 §19; 1977 c.745 §49; repealed by 1977 c.871 §29]

 

      475.710 [1955 c.573 §11; repealed by 1959 c.411 §22]

 

      475.715 [1969 c.442 §1; renumbered 430.560]

 

      475.720 [1955 c.573 §12; repealed by 1959 c.411 §22]

 

      475.725 [1969 c.442 §2; renumbered 430.565]

 

      475.730 [1955 c.573 §13; repealed by 1959 c.411 §22]

 

      475.732 [1973 c.697 §12; repealed by 1977 c.745 §54 and 1977 c.871 §29]

 

      475.740 [1955 c.573 §1; repealed by 1959 c.411 §22]

 

      475.742 [1973 c.697 §14; repealed by 1977 c.871 §29]

 

      475.744 Providing hypodermic device or pipe to minor prohibited; exception. (1) A person may not sell or give a:

      (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 assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, parent or legal guardian or by other means acceptable to the seller or donor.

      (b)(A) Pipe to a minor unless the minor demonstrates a lawful need for the pipe by authorization of a physician, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390, or the minor’s parent or legal guardian; and

      (B) The minor obtains the consent of the minor’s parent or legal guardian to possess the pipe.

      (2) As used in this section:

      (a) “Hypodermic device” means a hypodermic needle or syringe or medication packaged in a hypodermic syringe or any instrument adapted for the subcutaneous injection of a controlled substance as defined in ORS 475.005.

      (b) “Pipe” means:

      (A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens;

      (B) Water pipes;

      (C) Carburetion tubes and devices;

      (D) Chamber pipes;

      (E) Carburetor pipes;

      (F) Electric pipes;

      (G) Air-driven pipes; and

      (H) Ice pipes or chillers. [Formerly 475.805; 2014 c.45 §65; 2017 c.356 §75; 2023 c.593 §18]

 

      475.750 [1955 c.573 §3; repealed by 1959 c.411 §22]

 

PENALTIES

 

      475.752 Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance. (1) 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) A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise provided in ORS 475.886 and 475.890.

      (b) A controlled substance in Schedule II, is guilty of a Class B felony, except as otherwise provided in ORS 475.878, 475.880, 475.882, 475.904 and 475.906.

      (c) A controlled substance in Schedule III, is guilty of a Class C felony, except as otherwise provided in ORS 475.904 and 475.906.

      (d) A controlled substance in Schedule IV, is guilty of a Class B misdemeanor.

      (e) A controlled substance in Schedule V, is guilty of a Class C misdemeanor.

      (2) Except as authorized in ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to create or deliver a counterfeit substance. Any person who violates this subsection with respect to:

      (a) A counterfeit substance in Schedule I, is guilty of a Class A felony.

      (b) A counterfeit substance in Schedule II, is guilty of a Class B felony.

      (c) A counterfeit substance in Schedule III, is guilty of a Class C felony.

      (d) A counterfeit substance in Schedule IV, is guilty of a Class B misdemeanor.

      (e) A counterfeit substance in Schedule V, is guilty of a Class C misdemeanor.

      (3) It is unlawful for any person knowingly or intentionally to possess a controlled substance 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. Any person who violates this subsection with respect to:

      (a) A controlled substance in Schedule I, is guilty of a Class E violation, except as otherwise provided in ORS 475.854, 475.874 and 475.894 and subsection (7) of this section.

      (b) A controlled substance in Schedule II, is guilty of a Class E violation, except as otherwise provided in ORS 475.814, 475.824, 475.834 or 475.884 or subsection (8) of this section.

      (c) A controlled substance in Schedule III, is guilty of a Class E violation.

      (d) A controlled substance in Schedule IV, is guilty of a Class E violation.

      (e) A controlled substance in Schedule V, is guilty of a violation.

      (4) It is an affirmative defense in any prosecution under this section for manufacture, possession or delivery of the plant of the genus Lophophora commonly known as peyote that the peyote is being used or is intended for use:

      (a) In connection with the good faith practice of a religious belief;

      (b) As directly associated with a religious practice; and

      (c) In a manner that is not dangerous to the health of the user or others who are in the proximity of the user.

      (5) The affirmative defense created in subsection (4) of this section is not available to any person who has possessed or delivered the peyote while incarcerated in a correctional facility in this state.

      (6)(a) Notwithstanding subsection (1) of this section, a person who unlawfully manufactures or delivers a controlled substance in Schedule IV and who thereby causes death to another person is guilty of a Class C felony.

      (b) For purposes of this subsection, causation is established when the controlled substance plays a substantial role in the death of the other person.

      (7) Notwithstanding subsection (3)(a) of this section:

      (a) Unlawful possession of a controlled substance in Schedule I is a Class A misdemeanor if the person possesses:

      (A) Forty or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide; or

      (B) Twelve grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin.

      (b) Unlawful possession of a controlled substance in Schedule I is a Class B felony if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses a substantial quantity under ORS 475.900 (2)(b).

      (8) Notwithstanding subsection (3)(b) of this section:

      (a) Unlawful possession of a controlled substance in Schedule II is a Class A misdemeanor if the person possesses one gram or more or five or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy.

      (b) Unlawful possession of a controlled substance in Schedule II is a Class C felony if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [Formerly 475.840; 2013 c.591 §3; 2015 c.1 §76; 2015 c.614 §124; 2016 c.24 §59; 2017 c.21 §26; 2017 c.706 §9; 2021 c.2 §11; 2021 c.591 §32; 2023 c.413 §1]

 

      475.754 Affirmative defense to unlawfully possessing pseudoephedrine. It is an affirmative defense to a charge of violating ORS 475.752 by unlawfully possessing pseudoephedrine that the person:

      (1) Obtained the pseudoephedrine lawfully;

      (2) 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

      (3) Possessed the pseudoephedrine under circumstances that are consistent with typical medicinal or household use, as indicated by factors that include but are not limited to storage location, purchase date, possession of the products in a variety of strengths, brands, types or purposes and expiration date. [Formerly 475.843]

 

      Note: 475.754 was enacted into law by the Legislative Assembly but was 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.

 

      475.757 Syringe service program as affirmative defense to unlawful possession of controlled substance. (1) 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.

      (2) 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 a syringe service program.

      (3) Sterile needles and syringes and other items provided by a syringe service program may not be considered “drug paraphernalia,” as that term is defined in ORS 475.525. [2019 c.583 §13]

 

      Note: 475.757 was added to and made a part of 475.752 to 475.980 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      475.805 [1983 c.738 §1; renumbered 475.744 in 2011]

 

      475.806 Unlawful manufacture of hydrocodone. (1) 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.

      (2) Unlawful manufacture of hydrocodone is a Class C felony. [2011 c.524 §11]

 

      475.808 Unlawful manufacture of hydrocodone within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of hydrocodone within 1,000 feet of a school is a Class B felony. [2011 c.524 §12]

 

      475.810 Unlawful delivery of hydrocodone. (1) 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.

      (2) Unlawful delivery of hydrocodone is a Class C felony.

      (3) 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. [2011 c.524 §13]

 

      475.812 Unlawful delivery of hydrocodone within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of hydrocodone within 1,000 feet of a school is a Class B felony. [2011 c.524 §14]

 

      475.814 Unlawful possession of hydrocodone. (1) 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.

      (2)(a) Unlawful possession of hydrocodone is a Class E violation.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of hydrocodone is a Class A misdemeanor if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses 40 or more pills, tablets, capsules or user units of a mixture or substance containing a detectable amount of hydrocodone. [2011 c.524 §15; 2021 c.591 §33]

 

      475.816 Unlawful manufacture of methadone. (1) 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.

      (2) Unlawful manufacture of methadone is a Class B felony. [2011 c.524 §16]

 

      475.818 Unlawful manufacture of methadone within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of methadone within 1,000 feet of a school is a Class A felony. [2011 c.524 §17]

 

      475.820 Unlawful delivery of methadone. (1) 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.

      (2) Unlawful delivery of methadone is a Class B felony.

      (3) 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. [2011 c.524 §18]

 

      475.822 Unlawful delivery of methadone within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of methadone within 1,000 feet of a school is a Class A felony. [2011 c.524 §19]

 

      475.824 Unlawful possession of methadone. (1) 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.

      (2)(a) Unlawful possession of methadone is a Class E violation.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of methadone is a Class A misdemeanor if the person possesses 40 or more user units of a mixture or substance containing a detectable amount of methadone.

      (c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of methadone is a Class C felony if the possession is a commercial drug offense under ORS 475.900 (1)(b). [2011 c.524 §20; 2017 c.706 §10; 2021 c.2 §12; 2021 c.591 §34]

 

      475.826 Unlawful manufacture of oxycodone. (1) 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.

      (2) Unlawful manufacture of oxycodone is a Class B felony. [2011 c.524 §6]

 

      475.828 Unlawful manufacture of oxycodone within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of oxycodone within 1,000 feet of a school is a Class A felony. [2011 c.524 §7]

 

      475.830 Unlawful delivery of oxycodone. (1) 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.

      (2) Unlawful delivery of oxycodone is a Class B felony.

      (3) 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. [2011 c.524 §8]

 

      475.832 Unlawful delivery of oxycodone within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of oxycodone within 1,000 feet of a school is a Class A felony. [2011 c.524 §9]

 

      475.834 Unlawful possession of oxycodone. (1) 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.

      (2)(a) Unlawful possession of oxycodone is a Class E violation.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of oxycodone is a Class A misdemeanor if the person possesses 40 or more pills, tablets, capsules or user units of a mixture or substance containing a detectable amount of oxycodone.

      (c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of oxycodone is a Class C felony if the possession is a commercial drug offense under ORS 475.900 (1)(b). [2011 c.524 §10; 2017 c.706 §11; 2021 c.2 §13; 2021 c.591 §35]

 

      475.840 [Formerly 475.992; 2009 c.898 §1; renumbered 475.752 in 2011]

 

      475.843 [2005 c.706 §13a; renumbered 475.754 in 2011]

 

      475.846 Unlawful manufacture of heroin. (1) It is unlawful for any person to manufacture heroin.

      (2) Unlawful manufacture of heroin is a Class A felony. [2005 c.708 §24]

 

      475.848 Unlawful manufacture of heroin within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of heroin within 1,000 feet of a school is a Class A felony. [2005 c.708 §25]

 

      475.850 Unlawful delivery of heroin. (1) It is unlawful for any person to deliver heroin.

      (2) Unlawful delivery of heroin is a Class A felony. [2005 c.708 §26]

 

      475.852 Unlawful delivery of heroin within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of heroin within 1,000 feet of a school is a Class A felony. [2005 c.708 §27]

 

      475.854 Unlawful possession of heroin. (1) It is unlawful for any person knowingly or intentionally to possess heroin.

      (2)(a) Unlawful possession of heroin is a Class E violation.

      (b) 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 containing a detectable amount of heroin.

      (c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of heroin is a Class B felony if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §28; 2017 c.706 §12; 2021 c.2 §14; 2021 c.591 §36]

 

      475.856 [2005 c.708 §29; 2013 c.591 §1; 2015 c.1 §77; 2015 c.614 §121; 2016 c.24 §42; repealed by 2017 c.21 §126]

 

      475.858 [2005 c.708 §30; 2015 c.614 §119; 2016 c.24 §43; repealed by 2017 c.21 §126]

 

      475.860 [2005 c.708 §31; 2009 c.610 §1; 2011 c.597 §88; 2015 c.1 §78; 2015 c.614 §122; 2016 c.24 §44; repealed by 2017 c.21 §126]

 

      475.862 [2005 c.708 §32; 2015 c.614 §120; 2016 c.24 §45; repealed by 2017 c.21 §126]

 

      475.864 [2005 c.708 §33; 2011 c.597 §89; 2013 c.591 §2; 2015 c.1 §79; 2015 c.614 §123; 2016 c.24 §46; repealed by 2017 c.21 §126]

 

      475.866 Unlawful manufacture of 3,4-methylenedioxymethamphetamine. (1) It is unlawful for any person to manufacture 3,4-methylenedioxymethamphetamine.

      (2) Unlawful manufacture of 3,4-meth- ylenedioxymethamphetamine is a Class A felony. [2005 c.708 §34]

 

      475.868 Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of 3,4-meth-

ylenedioxymethamphetamine within 1,000 feet of a school is a Class A felony. [2005 c.708 §35]

 

      475.870 Unlawful delivery of 3,4-methylenedioxymethamphetamine. (1) It is unlawful for any person to deliver 3,4-methylenedioxymethamphetamine.

      (2) Unlawful delivery of 3,4-methylenedi- oxymethamphetamine is a Class A felony. [2005 c.708 §36]

 

      475.872 Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of 3,4-methylenedi- oxymethamphetamine within 1,000 feet of a school is a Class A felony. [2005 c.708 §37]

 

      475.874 Unlawful possession of 3,4-methylenedioxymethamphetamine. (1) It is unlawful for any person knowingly or intentionally to possess 3,4-methylenedioxymethamphetamine.

      (2)(a) Unlawful possession of 3,4-methylenedioxymethamphetamine is a Class E violation.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of 3,4-methylenedioxymethamphetamine is a Class A misdemeanor if the person possesses one gram or more or five or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

      (A) 3,4-methylenedioxyamphetamine;

      (B) 3,4-methylenedioxymethamphetamine; or

      (C) 3,4-methylenedioxy-N-ethylamphetamine.

      (c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of 3,4-methylenedioxymethamphetamine is a Class B felony if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §38; 2017 c.706 §13; 2021 c.2 §15; 2021 c.591 §37]

 

      475.876 Unlawful manufacture of cocaine. (1) 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.

      (2) Unlawful manufacture of cocaine is a Class B felony. [2005 c.708 §19]

 

      475.878 Unlawful manufacture of cocaine within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of cocaine within 1,000 feet of a school is a Class A felony. [2005 c.708 §20]

 

      475.880 Unlawful delivery of cocaine. (1) 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.

      (2) Unlawful delivery of cocaine is a Class B felony.

      (3) 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. [2005 c.708 §21]

 

      475.882 Unlawful delivery of cocaine within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of cocaine within 1,000 feet of a school is a Class A felony. [2005 c.708 §22]

 

      475.884 Unlawful possession of cocaine. (1) 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.

      (2)(a) Unlawful possession of cocaine is a Class E violation.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of cocaine is a Class A misdemeanor if the person possesses two grams or more of a mixture or substance containing a detectable amount of cocaine.

      (c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of cocaine is a Class C felony if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §23; 2017 c.706 §14; 2021 c.2 §16; 2021 c.591 §38]

 

      475.886 Unlawful manufacture of methamphetamine. (1) 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.

      (2) Unlawful manufacture of methamphetamine is a Class B felony.

      (3) The minimum fine for unlawful manufacture of methamphetamine is $1,000. [2005 c.708 §14; 2011 c.597 §11]

 

      475.888 Unlawful manufacture of methamphetamine within 1,000 feet of school. (1) 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.

      (2) Unlawful manufacture of methamphetamine within 1,000 feet of a school is a Class A felony.

      (3) The minimum fine for unlawful manufacture of methamphetamine within 1,000 feet of a school is $1,000. [2005 c.708 §15; 2011 c.597 §12]

 

      475.890 Unlawful delivery of methamphetamine. (1) 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.

      (2) Unlawful delivery of methamphetamine is a Class B felony.

      (3) 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.

      (4) The minimum fine for unlawful delivery of methamphetamine is $500. [2005 c.708 §16; 2011 c.597 §13]

 

      475.892 Unlawful delivery of methamphetamine within 1,000 feet of school. (1) 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.

      (2) Unlawful delivery of methamphetamine within 1,000 feet of a school is a Class A felony.

      (3) The minimum fine for unlawful delivery of methamphetamine within 1,000 feet of a school is $500. [2005 c.708 §17; 2011 c.597 §14]

 

      475.894 Unlawful possession of methamphetamine. (1) 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.

      (2)(a) Unlawful possession of methamphetamine is a Class E violation.

      (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of methamphetamine is a Class A misdemeanor if the person possesses two grams or more of a mixture or substance containing a detectable amount of methamphetamine.

      (c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of methamphetamine is a Class C felony if:

      (A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or

      (B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §18; 2017 c.706 §15; 2021 c.2 §17; 2021 c.591 §39]

 

      475.898 Immunity from drug-related offenses for emergency medical assistance. (1) 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 or prosecution for an offense listed in subsection (3) of this section if the evidence of the offense was obtained because the person contacted emergency medical services or a law enforcement agency.

      (2) A person who is in need of medical assistance due to a drug-related overdose is immune from arrest or prosecution for an offense listed in subsection (3) of this section if the evidence of the offense was obtained because any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

      (3) The immunity conferred under subsections (1) and (2) of this section applies to arrest and prosecution for:

      (a) Frequenting a place where controlled substances are used as described in ORS 167.222;

      (b) Possession of a controlled substance as described in ORS 475.752;

      (c) Unlawful possession of hydrocodone as described in ORS 475.814;

      (d) Unlawful possession of methadone as described in ORS 475.824;

      (e) Unlawful possession of oxycodone as described in ORS 475.834;

      (f) Unlawful possession of heroin as described in ORS 475.854;

      (g) Unlawful possession of 3,4-methylenedioxymethamphetamine as described in ORS 475.874;

      (h) Unlawful possession of cocaine as described in ORS 475.884;

      (i) Unlawful possession of methamphetamine as described in ORS 475.894;

      (j) Unlawfully possessing a prescription drug as described in ORS 689.527 (6); and

      (k) Unlawful possession of drug paraphernalia with intent to sell or deliver as described in ORS 475.525.

      (4)(a) A person may not be arrested for violating, or found to be in violation of, the conditions of the person’s pretrial release, probation, post-prison supervision or parole if the violation involves:

      (A) The possession or use of a controlled substance or frequenting a place where controlled substances are used; and

      (B) The evidence of the violation was obtained because the person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a drug-related overdose.

      (b) A person may not be arrested for violating, or found to be in violation of, the conditions of the person’s pretrial release, probation, post-prison supervision or parole if the violation involves:

      (A) The possession or use of a controlled substance or frequenting a place where controlled substances are used; and

      (B) The evidence of the violation was obtained because the person was in need of medical assistance due to a drug-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

      (5)(a) A person may not be arrested on an outstanding warrant for any of the offenses listed in subsection (3) of this section, or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person’s probation, post-prison supervision or parole for conduct that would constitute an offense listed in subsection (3) of this section, if the location of the person was obtained because the person contacted emergency medical services or a law enforcement agency to obtain medical assistance for another person who needed medical assistance due to a drug-related overdose.

      (b) A person may not be arrested on an outstanding warrant for any of the offenses listed in subsection (3) of this section, or on an outstanding warrant for a violation, other than commission of a new crime, of the conditions of the person’s probation, post-prison supervision or parole for conduct that would constitute an offense listed in subsection (3) of this section, if the location of the person was obtained because the person was in need of medical assistance due to a drug-related overdose and any person contacted emergency medical services or a law enforcement agency to obtain medical assistance for the person.

      (c) This subsection does not apply to outstanding federal warrants or outstanding warrants issued from other states.

      (6) The immunity from arrest and prosecution described in this section is not grounds for the suppression of evidence relating to a criminal offense other than the offenses listed in subsection (3) of this section.

      (7) As used in this section:

      (a) “Controlled substance” has the meaning given that term in ORS 475.005.

      (b) “Drug-related overdose” means an acute condition, including mania, hysteria, extreme physical illness, coma or death, resulting from the consumption or use of a controlled substance, or another substance with which a controlled substance was combined, that a person would reasonably believe to be a condition that requires medical attention. [2015 c.274 §1; 2016 c.24 §60; 2017 c.21 §27]

 

      Note: 475.898 was enacted into law by the Legislative Assembly but was 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.

 

      475.900 Crime category classification; proof of commercial drug offense. (1) A violation of ORS 475.752, 475.806 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:

      (a) The violation constitutes delivery or manufacture of a controlled substance and involves substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:

      (A) Five grams or more of a mixture or substance containing a detectable amount of heroin;

      (B) Five grams or more or 25 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy;

      (C) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;

      (D) Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;

      (E) Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

      (F) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

      (G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

      (i) 3,4-methylenedioxyamphetamine;

      (ii) 3,4-methylenedioxymethamphetamine; or

      (iii) 3,4-methylenedioxy-N-ethylamphetamine.

      (b) The violation constitutes possession, delivery or manufacture of a controlled substance and the possession, delivery or manufacture is a commercial drug offense. A possession, delivery or manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at least three of the following factors:

      (A) The delivery was of heroin, fentanyl, cocaine, methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration;

      (B) The offender was in possession of $300 or more in cash;

      (C) The offender was unlawfully in possession of a firearm or other weapon as described in ORS 166.270 (2), or the offender used, attempted to use or threatened to use a deadly or dangerous weapon as defined in ORS 161.015, or the offender was in possession of a firearm or other deadly or dangerous weapon as defined in ORS 161.015 for the purpose of using it in connection with a controlled substance offense;

      (D) The offender was in possession of materials being used for the packaging of controlled substances such as scales, wrapping or foil, other than the material being used to contain the substance that is the subject of the offense;

      (E) The offender was in possession of drug transaction records or customer lists;

      (F) The offender was in possession of stolen property;

      (G) Modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled substance offense;

      (H) The offender was in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment;

      (I) The offender was using public lands for the manufacture of controlled substances;

      (J) The offender had constructed fortifications or had taken security measures with the potential of injuring persons; or

      (K) The offender was in possession of controlled substances in an amount greater than:

      (i) Three grams or more of a mixture or substance containing a detectable amount of heroin;

      (ii) Three grams or more or 15 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy;

      (iii) Eight grams or more of a mixture or substance containing a detectable amount of cocaine;

      (iv) Eight grams or more of a mixture or substance containing a detectable amount of methamphetamine;

      (v) Twenty or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

      (vi) Ten grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

      (vii) Four grams or more or 20 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

      (I) 3,4-methylenedioxyamphetamine;

      (II) 3,4-methylenedioxymethamphetamine; or

      (III) 3,4-methylenedioxy-N-ethylamphetamine.

      (c) The violation constitutes a violation of ORS 475.848, 475.852, 475.868, 475.872, 475.878, 475.882, 475.888, 475.892 or 475.904.

      (d) The violation constitutes manufacturing methamphetamine and the manufacturing consists of:

      (A) A chemical reaction involving one or more precursor substances for the purpose of manufacturing methamphetamine; or

      (B) Grinding, soaking or otherwise breaking down a precursor substance for the purpose of manufacturing methamphetamine.

      (e) The violation constitutes a violation of ORS 475.906 (1) or (2) that is not described in ORS 475.907.

      (2) A violation of ORS 475.752 or 475.806 to 475.894 shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:

      (a) The violation constitutes delivery of heroin, cocaine, fentanyl, methamphetamine or 3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxy-N-ethylamphetamine and is for consideration.

      (b) The violation constitutes possession of substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:

      (A) Five grams or more of a mixture or substance containing a detectable amount of heroin;

      (B) Five grams or more or 25 or more user units of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy;

      (C) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;

      (D) Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine;

      (E) Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

      (F) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

      (G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

      (i) 3,4-methylenedioxyamphetamine;

      (ii) 3,4-methylenedioxymethamphetamine; or

      (iii) 3,4-methylenedioxy-N-ethylamphetamine.

      (3) Any felony violation of ORS 475.752 or 475.806 to 475.894 not contained in subsection (1) or (2) of this section shall be classified as crime category 4 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation involves delivery or manufacture of a controlled substance.

      (4) In order to prove a commercial drug offense, the state shall plead in the accusatory instrument sufficient factors of a commercial drug offense under subsections (1) and (2) of this section. The state has the burden of proving each factor beyond a reasonable doubt.

      (5) As used in this section, “mixture or substance” means any mixture or substance, whether or not the mixture or substance is in an ingestible or marketable form at the time of the offense. [Formerly 475.996; 2007 c.494 §1; 2013 c.649 §1; 2015 c.614 §126; 2017 c.21 §28; 2021 c.591 §40; 2023 c.9 §41; 2023 c.413 §2]

 

      475.902 Directives to Oregon Criminal Justice Commission. (1) 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.

      (2) The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance with the intent of committing or facilitating a crime of violence against the other person as a person felony and crime category 9 of the sentencing guidelines grid of the commission.

      (3) The Oregon Criminal Justice Commission shall amend its rules and appendices to prohibit persons convicted of manufacturing substantial quantities of methamphetamine, its salts, isomers or salts of its isomers from being eligible for an optional probation sentence.

      (4) As used in subsection (3) of this section, “substantial quantities” means that quantity of methamphetamine, its salts, isomers or salts of its isomers described in ORS 475.900 (1)(a). [Formerly 475.998; 2009 c.11 §70]

 

      Note: 475.902 was enacted into law by the Legislative Assembly but was 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.

 

      475.904 Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions. (1) 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.

      (2) Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school is a Class A felony.

      (3) This section does not apply to:

      (a) A licensee or licensee representative, as those terms are defined in ORS 475C.009, that is engaged in lawful activities; or

      (b) A person acting within the scope of and in compliance with ORS 475C.305. [Formerly 475.999; 2015 c.614 §127]

 

      475.906 Penalties for unlawful delivery to minors. 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:

      (1) A controlled substance in Schedule I or II, is guilty of a Class A felony.

      (2) A controlled substance in Schedule III, is guilty of a Class B felony.

      (3) A controlled substance in Schedule IV, is guilty of a Class A misdemeanor.

      (4) A controlled substance in Schedule V, is guilty of a Class B misdemeanor. [Formerly 475.995]

 

      475.907 Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors. (1) When a person is convicted of the unlawful delivery of cocaine, methamphetamine, heroin 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.

      (2) The sentence described in subsection (1) of this section does not apply to a person who is less than three years older than the person under 18 years of age to whom the controlled substance was delivered, unless the person has a previous conviction for delivery of cocaine, methamphetamine, heroin or ecstasy to a person under 18 years of age. [2008 c.14 §3]

 

      Note: 475.907, 475.924 and 475.925 were enacted into law but were not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

 

      475.908 Causing another person to ingest a controlled substance. (1) 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 felony.

      (2) Notwithstanding subsection (1) of this section, causing another person to ingest a controlled substance is a Class A felony if the person, with the intent of committing or facilitating a crime of violence against the other person, knowingly or intentionally causes the other person to ingest a controlled substance or a controlled substance analog without consent of the other person.

      (3) For the purposes of this section:

      (a)(A) Except as provided in subparagraph (B) of this paragraph, “controlled substance analog” means a substance that:

      (i) Has a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II.

      (ii) Has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

      (B) “Controlled substance analog” does not include:

      (i) A controlled substance;

      (ii) Any substance that has an approved drug application;

      (iii) Any substance exempted under 21 U.S.C. 355 if the ingestion is within the scope of investigation authorized under 21 U.S.C. 355; or

      (iv) Distilled spirits, wine or malt beverages.

      (b) “Crime of violence” means:

      (A) Rape in the first degree, as defined in ORS 163.375;

      (B) Sodomy in the first degree, as defined in ORS 163.405;

      (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411;

      (D) Sexual abuse in the first degree, as defined in ORS 163.427;

      (E) Kidnapping in the first degree, as defined in ORS 163.235;

      (F) Kidnapping in the second degree, as defined in ORS 163.225;

      (G) Assault in the first degree, as defined in ORS 163.185; or

      (H) Assault in the second degree, as defined in ORS 163.175.

      (c) “Ingest” means to consume or otherwise deliver a controlled substance into the body of a person. [Formerly 475.984; 2017 c.21 §29]

 

      475.910 Application of controlled substance to the body of another person; prohibition. 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:

      (1) A controlled substance in Schedule I or II, is guilty of a Class A felony classified as crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

      (2) A controlled substance in Schedule III, is guilty of a Class B felony classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

      (3) A controlled substance in Schedule IV, is guilty of a Class C felony.

      (4) A controlled substance in Schedule V, is guilty of a Class A misdemeanor. [Formerly 475.986; 2017 c.21 §30]

 

      475.912 Unlawful delivery of imitation controlled substance. (1) A person commits the crime of unlawful delivery of an imitation controlled substance if the person knowingly:

      (a) 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

      (b) Delivers a substance that is not a controlled substance upon the express or implied representation that the substance is of such nature or appearance that the recipient of the delivery will be able to distribute the substance as a controlled substance.

      (2) As used in this section, “deliver” or “delivery” means the actual or constructive transfer, or offer or agreement to transfer, from one person to another of a substance, whether or not there is an agency relationship.

      (3) Unlawful delivery of an imitation controlled substance is a Class A misdemeanor. [Formerly 475.991]

 

      475.914 Prohibited acts for registrants; penalties. (1) It is unlawful for any person:

      (a) 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;

      (b) 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 registrant or other authorized person;

      (c) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under ORS 475.005 to 475.285 and 475.752 to 475.980;

      (d) To refuse an entry into any premises for any inspection authorized by ORS 475.005 to 475.285 and 475.752 to 475.980; or

      (e) To keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place, while knowingly permitting persons to use controlled substances in such places in violation of ORS 475.005 to 475.285 and 475.752 to 475.980, or which is used for keeping or selling them in violation of ORS 475.005 to 475.285 and 475.752 to 475.980.

      (2) Any person who violates this section with respect to:

      (a) A controlled substance in Schedule I, is guilty of a Class C felony.

      (b) A controlled substance in Schedule II, is guilty of a Class A misdemeanor.

      (c) A controlled substance in Schedule III, is guilty of a Class B misdemeanor.

      (d) A controlled substance in Schedule IV or V, is guilty of a Class C misdemeanor. [Formerly 475.993; 2011 c.524 §25]

 

      475.916 Prohibited acts involving records and fraud; penalties. (1) It is unlawful for any person knowingly or intentionally:

      (a) 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;

      (b) 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 person;

      (c) To acquire or to attempt to acquire or obtain or attempt to obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;

      (d) To furnish false or fraudulent material information in, or omit any material information from, any application, report, record or other document required to be kept or filed under ORS 475.005 to 475.285 and 475.752 to 475.980; or

      (e) To make, deliver or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.

      (2) Any person who violates this section is guilty of a Class A misdemeanor. [Formerly 475.994]

 

      475.918 Falsifying drug test results. (1) 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.

      (2) Falsifying drug test results is a Class B misdemeanor.

      (3) As used in this section and ORS 475.920, “drug test” means a lawfully administered test designed to detect the presence of a controlled substance. [Formerly 475.981]

 

      475.920 Providing drug test falsification equipment. (1) 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.

      (2) Providing drug test falsification equipment is a Class A misdemeanor. [Formerly 475.982]

 

      475.924 Definitions for ORS 164.061, 475.907, 475.924 and 475.925. As used in ORS 164.061, 475.907, 475.924 and 475.925:

      (1) “Controlled substance” means:

      (a) Cocaine;

      (b) Methamphetamine;

      (c) Heroin; or

      (d) Ecstasy.

      (2) “Ecstasy” means:

      (a) 3,4-methylenedioxymethamphetamine;

      (b) 3,4-methylenedioxyamphetamine; or

      (c) 3,4-methylenedioxy-N-ethylampheta-

mine.

      (3) “Mixture or substance” means any mixture or substance, whether or not the mixture or substance is in an ingestible or marketable form at the time of the offense. [2008 c.14 §5]

 

      Note: See note under 475.907.

 

      475.925 Sentences for certain controlled substance offenses. 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:

      (1) 58 months to 130 months, depending on the person’s criminal history, if the delivery or manufacture involves:

      (a) 500 grams or more of a mixture or substance containing a detectable amount of cocaine;

      (b) 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;

      (c) 100 grams or more of a mixture or substance containing a detectable amount of heroin;

      (d) 100 grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy; or

      (e) 100 grams or more or 500 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy.

      (2) 34 months to 72 months, depending on the person’s criminal history, if the delivery or manufacture involves:

      (a) 100 grams or more of a mixture or substance containing a detectable amount of cocaine;

      (b) 100 grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;

      (c) 50 grams or more of a mixture or substance containing a detectable amount of heroin;

      (d) 50 grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy; or

      (e) 50 grams or more or 250 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy. [2008 c.14 §2; 2021 c.591 §41; 2023 c.9 §42]

 

      Note: See note under 475.907.

 

      475.930 Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925. (1) When a court sentences a person under ORS 164.061, 475.907, 475.924 and 475.925:

      (a) 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:

      (A) ORS 475.925 (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.

      (B) ORS 475.907 (1) and 475.925 (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.

      (C) ORS 164.061 shall be determined utilizing crime category 8 of the sentencing guidelines grid.

      (b)(A) Notwithstanding ORS 161.605, the court shall impose the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.

      (B) The court may impose a sentence other than the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 if the court imposes a longer term of incarceration that is otherwise required or authorized by law.

      (2) A person sentenced under ORS 164.061, 475.907, 475.924 and 475.925 may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed. [2008 c.14 §11]

 

      Note: 475.930 was enacted into law but was not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

 

      475.933 [2009 c.660 §10; repealed by 2013 c.649 §9]

 

      475.934 Sentencing of persons with previous conviction for controlled substance offense. (1) When a court sentences a person convicted of a crime listed in subsection (2) of this section, the court may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission if the person has a previous conviction for any of the crimes listed in subsection (2) of this section.

      (2) The crimes to which subsection (1) of this section applies are:

      (a) Manufacture or delivery of a controlled substance under ORS 475.752 (1);

      (b) Creation or delivery of a counterfeit substance under ORS 475.752 (2);

      (c) Manufacture or delivery of heroin under ORS 475.846, 475.848, 475.850 or 475.852;

      (d) Manufacture or delivery of 3,4-methylenedioxymethamphetamine under ORS 475.866, 475.868, 475.870 or 475.872;

      (e) Manufacture or delivery of cocaine under ORS 475.876, 475.878, 475.880 or 475.882;

      (f) Manufacture or delivery of methamphetamine under ORS 475.886, 475.888, 475.890 or 475.892;

      (g) Manufacture or delivery of a controlled substance within 1,000 feet of a school under ORS 475.904;

      (h) Delivery of a controlled substance to a person under 18 years of age under ORS 475.906; and

      (i) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967.

      (3)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of sentence. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

      (b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

      (4) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.

      (5) As used in this section, “previous conviction” includes convictions entered in any other state or federal court for comparable offenses. [2013 c.649 §11; 2017 c.21 §31]

 

      Note: 475.934 becomes operative July 1, 2033, and applies to crimes committed on or after July 1, 2033. See section 12, chapter 649, Oregon Laws 2013, as amended by section 23, chapter 78, Oregon Laws 2022, and section 4, chapter 572, Oregon Laws 2023.

 

      Note: 475.934 was enacted into law by the Legislative Assembly but was 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.

 

      475.935 Presumptive sentences for certain methamphetamine offenses. (1) 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 convictions for any combination of the following crimes:

      (a) Delivery or manufacture of methamphetamine under ORS 475.752, 475.886 or 475.890;

      (b) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or 475.904; or

      (c) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967.

      (2) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes:

      (a) A longer term of incarceration that is otherwise required or authorized by law; or

      (b) An upward durational departure sentence that is authorized by law or the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless otherwise authorized by law or rule of the Oregon Criminal Justice Commission, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section.

      (3) As used in this section, “previous conviction” means:

      (a) Convictions occurring before, on or after August 16, 2005; and

      (b) Convictions entered in any other state or federal court for comparable offenses.

      (4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

      (b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

      (5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079. [Formerly 137.721]

 

      Note: 475.935 was enacted into law by the Legislative Assembly but was 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.

 

PRECURSOR SUBSTANCES

 

      475.940 Precursor substances described. As used in ORS 475.752 to 475.980:

      (1) “Iodine matrix” means iodine at a concentration greater than two percent by weight in a matrix or solution.

      (2) “Matrix” means something, as a substance, in which something else originates, develops, or is contained.

      (3) “Precursor substance” means:

      (a) Phenyl-2-propanone.

      (b) Methylamine.

      (c) D-lysergic acid.

      (d) Ergotamine.

      (e) Diethyl Malonate.

      (f) Malonic acid.

      (g) Ethyl Malonate.

      (h) Barbituric acid.

      (i) Piperidine.

      (j) N-acetylanthranilic acid.

      (k) Ethylamine.

      (L) Pyrolidine.

      (m) Phenylacetic acid.

      (n) Anthranilic acid.

      (o) Morpholine.

      (p) Ephedrine.

      (q) Pseudoephedrine.

      (r) Norpseudoephedrine.

      (s) Phenylpropanolamine.

      (t) Benzyl cyanide.

      (u) Ergonovine.

      (v) 3,4-Methylenedioxyphenyl-2-propanone.

      (w) Propionic anhydride.

      (x) Insosafrole (Isosafrole).

      (y) Safrole.

      (z) Piperonal.

      (aa) N-methylephedrine.

      (bb) N-ethylephedrine.

      (cc) N-methylpseudoephedrine.

      (dd) N-ethylpseudoephedrine.

      (ee) Hydriotic acid.

      (ff) Gamma butyrolactone (GBL), including butyrolactone, 1,2-butanolide, 2-oxanol-

one,  tetrahydro-2-

furanone, dihydro-2(3H)-

furanone and tetramethylene glycol, but not including gamma aminobutyric acid (GABA).

      (gg) 1,4-butanediol.

      (hh) Any salt, isomer or salt of an isomer of the chemicals listed in paragraphs (a) to (gg) of this subsection.

      (ii) Iodine in its elemental form.

      (jj) Iodine matrix.

      (kk) Red phosphorus, white phosphorus, yellow phosphorus or hypophosphorus acid and its salts.

      (LL) Anhydrous ammonia.

      (mm) Lithium metal.

      (nn) Sodium metal.

      (oo) Any substance established as a precursor substance by rule under authority granted in ORS 475.945. [1987 c.657 §§3,3a; 2001 c.615 §1; 2003 c.448 §1; 2005 c.706 §17]

 

      475.945 Authority and duties of Department of State Police; rules. 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:

      (1) The department may adopt rules in accordance with ORS chapter 183 that add substances to those specifically enumerated in ORS 475.940 (3) if the substance is a precursor to a controlled substance. Similarly, the department may delete such substances as it has added by administrative rule.

      (2) Notwithstanding the time period established for reporting under ORS 475.950, the department may authorize the submission of such reports on a monthly basis with respect to repeated, regular transactions between the furnisher and recipient involving the same substance if the department determines that all of the following exist:

      (a) A pattern of regular supply of such substance exists as between the manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes such substance and the recipient of the substance.

      (b) The recipient has established a record of use of the substance for lawful purposes.

      (3) The department shall establish a common form for reporting or recording for purposes of ORS 475.950, 475.975 (3), 475.976 (3) and 475.978 (1). The department may include as information required to be reported or recorded on the form any information the department determines will be convenient or useful to police agencies in finding potentially illegal uses of precursor substances. The reporting or recording form shall require at least the following information:

      (a) The name of the substance.

      (b) The quantity of the substance sold, transferred or furnished.

      (c) The date the substance was sold, transferred or furnished.

      (d) The name and address of the person buying or receiving the substance accompanied by a verification of the person’s identification by means the department requires by rule.

      (e) The name and address of the person selling, transferring or furnishing the substance accompanied by a verification of the person’s identification by means the department requires by rule.

      (f) The name of any agent acting on behalf of any party to the transaction accompanied by a verification of the person’s identification by means the department requires by rule.

      (4) The department shall establish a common reporting form for purposes of ORS 475.955. The department may include as information required to be reported on the form any information the department determines will be convenient or useful to police agencies in finding potentially illegal uses of precursor substances. The reporting form shall require at least the following information:

      (a) The name of the person making the report.

      (b) The name of the common carrier or person who transports the substance and date of shipment of the substance.

      (c) The date and circumstances of discovering the loss, theft or discrepancy.

      (5) The department shall furnish a copy of the report to the local law enforcement agency in whose jurisdiction the transaction occurred. [1987 c.657 §6; 2001 c.615 §12]

 

      475.947 Warning notice for precursor substance violation. (1) 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 served under the circumstances by issuance of a written warning notice. The notice must be in substantially the following form:

______________________________________________________________________________

WARNING NOTICE

Please Read this Notice Carefully!!!

 

TO: ________(name of person or business)

DATE: ________(date of notice)

FROM: ________(name of law enforcement agency)

RE: ________(name of precursor substance or product)

      The undersigned law enforcement officer has probable cause to believe that on ___________ (date of violation), you sold or otherwise delivered a quantity of the precursor substance identified above in violation of the laws of the State of Oregon.

      This warning notice has been given to you in lieu of formal action concerning that violation. Please be aware that any further violation may result in formal action being taken against you, which may include, but is not limited to, the filing of an action in circuit court seeking a court order prohibiting you from selling or delivering any quantity of one or more precursor substances to any person.

__________________

Law Enforcement Officer

______________________________________________________________________________

      (2) A warning notice issued by a law enforcement officer under subsection (1) of this section shall be personally delivered to the person named in the notice, or personally delivered to the person in charge of the business named in the notice. [2003 c.448 §6]

 

      475.949 Injunctive relief for precursor substance violation. (1) 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 substances.

      (2) Upon a proper showing, the court may grant a permanent or temporary injunction prohibiting the defendant or defendants from any further sale or delivery of any amount of one or more precursor substances.

      (3) The court may decline to enter an injunctive order against a defendant who:

      (a) Demonstrates no knowledge of the existence of the violation, or demonstrates reasonable efforts to stop the violation from occurring;

      (b) Has not been guilty of any contempt of court in the proceedings; and

      (c) The court finds will make best efforts to immediately end any violation that may exist and prevent any further violation from occurring. [2003 c.448 §7]

 

      475.950 Failure to report precursor substances transaction. (1) A person commits the offense of failure to report a precursor substances transaction if the person does any of the following:

      (a) 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 that meets the reporting requirements established by rule under ORS 475.945.

      (b) Receives any precursor substance described in ORS 475.940 (3)(a) to (hh) and (oo) and does not, within 10 days after receipt of the substance, submit to the department a report that meets the reporting requirements established by rule under ORS 475.945.

      (2) This section does not apply to any of the following:

      (a) Any pharmacist or other authorized person who sells or furnishes a precursor substance upon the prescription of a physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, dentist or veterinarian.

      (b) Any practitioner, as defined in ORS 475.005, who administers or furnishes a precursor substance to patients upon prescription.

      (c) Any person licensed by the State Board of Pharmacy who sells, transfers or otherwise furnishes a precursor substance to a licensed pharmacy, physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, dentist or veterinarian for distribution to patients upon prescription.

      (d) Any person who is authorized by rule under ORS 475.945 to report in an alternate manner if the person complies with the alternate reporting requirements.

      (e) Any patient of a practitioner, as defined in ORS 475.005, who obtains a precursor substance from a licensed pharmacist, physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, dentist or veterinarian pursuant to a prescription.

      (f) Any person who sells or transfers ephedrine, pseudoephedrine or phenylpropanolamine in compliance with ORS 475.230 or 475.973.

      (g) Any practitioner, as defined in ORS 475.005, who dispenses a precursor substance to a person with whom the practitioner has a professional relationship.

      (h) Any person who obtains a precursor substance from a practitioner, as defined in ORS 475.005, with whom the person has a professional relationship.

      (i) Any person who sells or transfers an isomer of a precursor substance, unless it is an optical isomer.

      (3) Penalties related to providing false information on a report required under this section are provided under ORS 475.965.

      (4) The Department of State Police and any law enforcement agency may inspect and remove copies of the sales records of any retail or wholesale distributor of methyl sulfonyl methane or a precursor substance during the normal business hours of the retail or wholesale distributor or may require the retail or wholesale distributor to provide copies of the records.

      (5) Failure to report a precursor substances transaction is a Class A misdemeanor. [1987 c.657 §2; 2001 c.615 §2; 2003 c.448 §2; 2005 c.706 §18; 2007 c.253 §1; 2013 c.129 §33; 2014 c.45 §66; 2017 c.356 §76; 2021 c.297 §3]

 

      475.955 Failure to report missing precursor substances. (1) A person commits the offense of failure to report missing precursor substances if the person:

      (a) Is a licensee or other person regulated by the provisions of ORS 475.005 to 475.285 and 475.752 to 475.980;

      (b) Discovers any theft or loss of any precursor substance or any difference between the quantity received and the quantity shipped; and

      (c) Within three days after discovery of the theft or loss or actual knowledge of the discrepancy, does not report the theft, loss or discrepancy to the Department of State Police in the manner provided by rule adopted under ORS 475.945.

      (2) Penalties for providing false information on any report required under this section are provided under ORS 465.965.

      (3) The offense described in this section, failure to report missing precursor substances, is a Class A misdemeanor. [1987 c.657 §4; 1995 c.440 §34; 2001 c.615 §13]

 

      475.960 Illegally selling drug equipment. (1) 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.

      (2) The offense described in this section, illegally selling drug equipment, is a Class A misdemeanor. [1987 c.657 §5]

 

      475.962 Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance. (1) 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 be used in the manufacture of a controlled substance in violation of ORS 475.752.

      (2) Distribution of equipment, a solvent, a reagent or a precursor substance with intent to facilitate the manufacture of a controlled substance is a Class B felony. [2005 c.706 §8]

 

      Note: 475.962 was enacted into law by the Legislative Assembly but was 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.

 

      475.965 Providing false information on precursor substances report or record. (1) 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.

      (2) The offense described in this section, providing false information on a precursor substances report or record, is a Class A misdemeanor. [1987 c.657 §7; 2001 c.615 §14]

 

      475.967 Possession of precursor substance with intent to manufacture controlled substance. (1) 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, 475.878, 475.886 or 475.888.

      (2) Possession of a precursor substance with intent to manufacture a controlled substance is a Class B felony. [2001 c.615 §10; 2005 c.708 §58; 2011 c.524 §22]

 

      475.969 Unlawful possession of phosphorus. (1) 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.

      (2) Subsection (1) of this section does not apply to:

      (a) A person who is conducting a licensed business that involves phosphorus in the manufacture of:

      (A) The striking surface used for lighting matches;

      (B) Flame retardant polymers; or

      (C) Fireworks if the person possesses a federal license to manufacture explosives;

      (b) A person who possesses phosphorus in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

      (A) Regularly established public or private secondary school; or

      (B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;

      (c) A retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons, who possesses phosphorus in the regular course of lawful business activities;

      (d) The possession of phosphorus as a component of a commercially produced product including, but not limited to, matchbooks, fireworks and emergency flares; or

      (e) A person who possesses phosphorus in a chemical compound in the regular course of a lawful agricultural activity.

      (3) Unlawful possession of phosphorus is a Class A misdemeanor. [2001 c.615 §4]

 

      475.971 Unlawful possession of anhydrous ammonia. (1) 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.

      (2) Unlawful possession of anhydrous ammonia is a Class A misdemeanor.

      (3) This section does not apply to a person who possesses anhydrous ammonia as part of a cleanup, as defined in ORS 466.605, of anhydrous ammonia by the Department of Environmental Quality under ORS 466.610. [2001 c.615 §5]

 

      475.973 Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine; records. (1)(a) 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 Schedule III classification may be modified by the State Board of Pharmacy if the State Board of Pharmacy finds that restrictions on products containing ephedrine, pseudoephedrine or phenylpropanolamine under a Schedule III designation do not significantly reduce the number of methamphetamine laboratories within the state.

      (b) Records of transactions involving products containing ephedrine, pseudoephedrine or phenylpropanolamine are subject to inspection by the State Board of Pharmacy and law enforcement agencies. A person required to make or maintain records of transactions involving products containing ephedrine, pseudoephedrine or phenylpropanolamine shall forward the records to the Department of State Police if directed to do so by the department. Failure to forward records as required by this paragraph is a Class A misdemeanor.

      (2) This section does not apply to products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule because the product is formulated to effectively prevent conversion of the active ingredient into methamphetamine or its salts or precursors. Upon notification from the Department of State Police that the department has probable cause to believe that a product exempted under this subsection does not effectively prevent conversion of the active ingredient into methamphetamine or its salts or precursors, the State Board of Pharmacy may issue an emergency rule revoking the exemption for the product pending a full hearing. [2001 c.615 §6; 2003 c.448 §3; 2005 c.706 §11; 2011 c.524 §26]

 

      475.975 Unlawful possession of iodine in its elemental form; recording transfers; unlawful distribution of iodine in its elemental form. (1) 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.

      (2) Subsection (1) of this section does not apply to:

      (a) A physician, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons who possesses iodine in its elemental form in the regular course of lawful business activities;

      (b) A person who possesses iodine in its elemental form in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

      (A) Regularly established public or private secondary school;

      (B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; or

      (C) Manufacturing, government agency or research facility in the course of lawful business activities;

      (c) A licensed veterinarian;

      (d) A person working in a general hospital who possesses iodine in its elemental form in the regular course of employment at the hospital; or

      (e) A person who possesses iodine in its elemental form as a prescription drug pursuant to a prescription issued by a licensed veterinarian, physician, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390.

      (3) Except as otherwise provided in subsection (4) of this section, a person who sells or otherwise transfers iodine in its elemental form to another person shall make a record of each sale or transfer. The record must be made on a form provided by the Department of State Police, completed pursuant to instructions provided by the department and retained by the person for at least three years or sent to the department if directed to do so by the department. Failure to make and retain or send a record required under this subsection is a Class A misdemeanor.

      (4) A licensed veterinarian is not required to make a record of a sale or transfer of iodine in its elemental form under subsection (3) of this section if the veterinarian makes a record of the sale or transfer under other applicable laws or rules regarding the prescribing and dispensing of regulated or controlled substances by veterinarians.

      (5) A person commits the crime of unlawful distribution of iodine in its elemental form if the person knowingly sells or otherwise transfers iodine in its elemental form to a person not listed in subsection (2) of this section.

      (6) Unlawful possession of iodine in its elemental form is a Class A misdemeanor.

      (7) Unlawful distribution of iodine in its elemental form is a Class A misdemeanor. [2001 c.615 §7; 2005 c.706 §14; 2014 c.45 §67; 2017 c.356 §77]

 

      475.976 Unlawful possession of iodine matrix; recording transfers; unlawful distribution of iodine matrix. (1) 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.

      (2) Subsection (1) of this section does not apply to:

      (a) A person who possesses an iodine matrix as a prescription drug, pursuant to a prescription issued by a licensed veterinarian, physician, physician assistant licensed under ORS 677.505 to 677.525, naturopathic physician licensed under ORS chapter 685 or nurse practitioner licensed under ORS 678.375 to 678.390;

      (b) A person who is actively engaged in the practice of animal husbandry of livestock as defined in ORS 609.125;

      (c) A person who possesses an iodine matrix in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

      (A) Regularly established public or private secondary school;

      (B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; or

      (C) Manufacturing, government agency or research facility in the course of lawful business activities;

      (d) A veterinarian, physician, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons who possesses an iodine matrix in the regular course of lawful business activities; or

      (e) A person working in a general hospital who possesses an iodine matrix in the regular course of employment at the hospital.

      (3) Except as otherwise provided in subsection (4) of this section, a person who sells or otherwise transfers an iodine matrix to another person shall make a record of each sale or transfer. The record must be made on a form provided by the Department of State Police, completed pursuant to instructions provided by the department and retained by the person for at least three years or sent to the department if directed to do so by the department. Failure to make and retain or send a record required under this subsection is a Class A misdemeanor.

      (4) A licensed veterinarian is not required to make a record of a sale or transfer of an iodine matrix under subsection (3) of this section if the veterinarian makes a record of the sale or transfer under other applicable laws or rules regarding the prescribing and dispensing of regulated or controlled substances by veterinarians.

      (5) A person commits the crime of unlawful distribution of an iodine matrix if the person knowingly sells or otherwise transfers an iodine matrix to a person not listed in subsection (2) of this section.

      (6) Unlawful possession of an iodine matrix is a Class A misdemeanor.

      (7) Unlawful distribution of an iodine matrix is a Class A misdemeanor. [2001 c.615 §8; 2005 c.706 §15; 2014 c.45 §68; 2017 c.356 §78]

 

      475.977 Possessing or disposing of methamphetamine manufacturing waste. (1) As used in this section:

      (a) “Dispose of” means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.

      (b) “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 substance for the manufacture of methamphetamine.

      (2) A person commits the crime of possessing or disposing of methamphetamine manufacturing waste if the person:

      (a) Knowingly possesses methamphetamine manufacturing waste; or

      (b) Knowingly disposes of methamphetamine manufacturing waste.

      (3) Subsection (2) of this section does not apply to the possession or disposal of methamphetamine manufacturing waste if:

      (a) The person was storing, treating or disposing of the waste pursuant to state or federal laws regulating the cleanup or disposal of waste products from unlawful methamphetamine manufacturing;

      (b) The person has notified a law enforcement agency of the existence of the waste; or

      (c) The person possesses or disposes of waste that had previously been disposed of by another person on the person’s property in violation of subsection (2) of this section.

      (4) Possessing or disposing of methamphetamine manufacturing waste is a Class C felony. [2005 c.706 §6]

 

      475.978 Methyl sulfonyl methane; transfers; records; rules. (1) 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 assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, naturopathic physician licensed under ORS chapter 685, pharmacist, veterinarian, retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons shall make a record of each such sale or transfer. The record must be made on a form provided by the department, completed pursuant to instructions provided by the department and retained by the person for at least three years. Failure to make and retain a record required under this subsection is a Class A violation.

      (2) The department shall adopt a rule establishing the minimum amount of methyl sulfonyl methane the sale or transfer of which requires a report under subsection (1) of this section. In establishing the minimum amount, the department shall determine an amount that is reasonably designed not to infringe upon legitimate uses of methyl sulfonyl methane but that discourages the use of methyl sulfonyl methane in the illicit production and distribution of methamphetamine.

      (3) This section applies to the sale or transfer of bulk methyl sulfonyl methane in its powder form only, and does not apply to the sale or transfer of products containing methyl sulfonyl methane in other forms including, but not limited to, liquids, tablets, capsules not containing methyl sulfonyl methane in pure powder form, ointments, creams, cosmetics, foods and beverages. [2001 c.615 §9; 2003 c.448 §4; 2005 c.706 §16; 2014 c.45 §69; 2017 c.356 §79]

 

      Note: Section 11, chapter 615, Oregon Laws 2001, provides:

      Sec. 11. Until the Department of State Police adopts a rule under section 9 of this 2001 Act [475.978], a person who sells or otherwise transfers two pounds or more of methyl sulfonyl methane shall make the reports required by section 9 of this 2001 Act. [2001 c.615 §11]

 

      475.979 Unlawful possession of lithium metal or sodium metal. (1) 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.

      (2) Subsection (1) of this section does not apply to:

      (a) A person who is conducting a lawful manufacturing operation that involves the use of lithium metal or sodium metal;

      (b) A person who possesses lithium metal or sodium metal in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

      (A) Regularly established public or private secondary school; or

      (B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;

      (c) A retail distributor, wholesaler, manufacturer, warehouseman or common carrier, or an agent of any of these persons, who possesses lithium metal or sodium metal in the regular course of lawful business activities; or

      (d) A person who possesses lithium metal or sodium metal as a component of a commercially produced product including, but not limited to, rechargeable batteries.

      (3) Unlawful possession of lithium metal or sodium metal is a Class A misdemeanor. [2005 c.706 §9]

 

      Note: 475.979 was enacted into law by the Legislative Assembly but was 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.

 

      475.980 Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1). 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. [2001 c.615 §17]

 

      475.981 [2001 c.700 §2; renumbered 475.918 in 2005]

 

      475.982 [2001 c.700 §3; renumbered 475.920 in 2005]

 

      475.984 [2001 c.510 §2; renumbered 475.908 in 2005]

 

      475.986 [2001 c.857 §2; renumbered 475.910 in 2005]

 

      475.990 [1957 c.587 §11; 1969 c.310 §4; repealed by 1977 c.745 §45]

 

      475.991 [1981 c.859 §2; renumbered 475.912 in 2005]

 

      475.992 [1977 c.745 §15; 1979 c.777 §55; 1989 c.1075 §3; 1991 c.329 §1; 1991 c.460 §§4,20; 1991 c.818 §5; 1995 c.440 §35; 2005 c.708 §39; renumbered 475.840 in 2005]

 

      475.993 [1977 c.745 §16; 1995 c.440 §36; renumbered 475.914 in 2005]

 

      475.994 [1977 c.745 §17; 1993 c.571 §25; 1995 c.440 §37; renumbered 475.916 in 2005]

 

      475.995 [1977 c.745 §20; 1979 c.777 §56; 1995 c.440 §38; 2005 c.708 §40; renumbered 475.906 in 2005]

 

      475.996 [1991 c.690 §§1,2,3,3a; 2001 c.804 §2; 2001 c.870 §9; 2003 c.695 §3; 2005 c.708 §7; renumbered 475.900 in 2005]

 

      475.997 [1977 c.636 §9; repealed by 1993 c.571 §30]

 

      475.998 [Subsections (1) and (2) of 2001 Edition enacted as 2001 c.510 §3; subsections (3) and (4) of 2001 Edition enacted as 2001 c.804 §1; renumbered 475.902 in 2005]

 

      475.999 [1989 c.806 §2; 1991 c.574 §1; 1993 c.78 §1; 1995 c.343 §49; 1995 c.440 §39; 2005 c.22 §349; 2005 c.708 §41; renumbered 475.904 in 2005]

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