US Laws, Codes, Statutes & Cases

Chapter 475 — Controlled Substances;

Illegal Drug Cleanup; Paraphernalia; Precursors

 

2007 EDITION

 

 

CONTROLLED SUBSTANCES; CLEANUP

 

LIQUOR; DRUGS

 

UNIFORM CONTROLLED SUBSTANCES ACT

 

(Generally)

 

475.005     Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980

 

475.035     Authority to control schedule; rules

 

475.045     Exclusions

 

475.055     Publishing of schedules

 

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

 

(Enforcement)

 

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

 

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

 

OREGON MEDICAL MARIJUANA ACT

 

475.300     Findings

 

475.302     Definitions for ORS 475.300 to 475.346

 

475.303     Advisory Committee on Medical Marijuana

 

475.304     Marijuana grow site registration system; rules

 

475.306     Medical use of marijuana; rules

 

475.309     Registry identification card; issuance; eligibility; duties of cardholder; immunity

 

475.312     Designated primary caregiver

 

475.316     Limitations on cardholder’s immunity from criminal laws involving marijuana

 

475.319     Affirmative defense to certain criminal laws involving marijuana; notice

 

475.320     Limits on amounts possessed

 

475.323     Effect of possession of registry identification card or designated primary caregiver card on search and seizure rights

 

475.324     Limits on confiscation of marijuana

 

475.326     Attending physician; limitation on civil liability and professional discipline

 

475.328     Limits on professional licensing board’s authority to sanction licensee for medical use of marijuana; authorizes licensed health care professional to administer medical marijuana

 

475.331     List of persons issued registry identification cards, designated primary caregivers and authorized grow sites; disclosure

 

475.334     Adding diseases or conditions that qualify as debilitating medical conditions; rules

 

475.338     Rules

 

475.340     Limitations on reimbursement of costs and employer accommodation

 

475.342     Limitations on protection from criminal liability

 

475.346     Short title

 

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

 

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

 

HYPODERMIC DEVICES

 

475.805     Providing hypodermic device to minor prohibited; exception

 

PENALTIES

 

475.840     Prohibited acts generally; penalties; affirmative defense for certain peyote uses

 

475.843     Affirmative defense to unlawfully possessing pseudoephedrine

 

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

 

475.856     Unlawful manufacture of marijuana

 

475.858     Unlawful manufacture of marijuana within 1,000 feet of school

 

475.860     Unlawful delivery of marijuana

 

475.862     Unlawful delivery of marijuana within 1,000 feet of school

 

475.864     Unlawful possession of marijuana

 

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-methylenedioxymethamphetamine

 

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

 

475.900     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

 

475.906     Penalties for distribution 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

 

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 475.840 to 475.980. As used in ORS 475.005 to 475.285 and 475.840 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” 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 subsection does not control and is not controlled by the use of the term “precursor” in ORS 475.840 to 475.980.

      (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) “Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

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

      (18) “Practitioner” means physician, dentist, veterinarian, scientific investigator, certified 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.

      (19) “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.

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

      (21) “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.

      (22) “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. [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]

 

      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 475.840 to 475.980.

      (4) The board shall administer ORS 475.005 to 475.285 and 475.840 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 Exclusions. The State Board of Pharmacy shall exclude any nonnarcotic substance from a schedule if such substance may, under the Federal Food, Drug, and Cosmetic Act and the law of this state, be lawfully sold over the counter without a prescription. [1977 c.745 §7a]

 

      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]

 

      475.060 [Repealed by 1957 c.587 §12]

 

      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 475.840 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 475.840 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 475.045, 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 475.840 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]

 

      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 475.840 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 475.045, 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 475.045, 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 475.840 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 475.840 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 475.045, 475.095 and 475.125 to 475.185. [1977 c.745 §9; 1979 c.777 §53; 1981 c.666 §5; 1995 c.440 §25]

 

      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 475.840 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 475.840 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 registrat