2007 Oregon Code - Chapter 475 :: Chapter 475 - Controlled Substances - Illegal Drug Cleanup - Paraphernalia - Precursors
Chapter 475 —
Controlled Substances;
Illegal Drug
Cleanup; Paraphernalia; Precursors
2007 EDITION
CONTROLLED SUBSTANCES; CLEANUP
LIQUOR; DRUGS
UNIFORM CONTROLLED SUBSTANCES ACT
(Generally)
475.005Â Â Â Â Definitions
for ORS 475.005 to 475.285 and 475.840 to 475.980
475.035Â Â Â Â Authority
to control schedule; rules
475.045Â Â Â Â Exclusions
475.055Â Â Â Â Publishing
of schedules
475.095Â Â Â Â Rules;
fees
475.101Â Â Â Â Immunity
for reporting violation
(Registration)
475.125Â Â Â Â Registration
requirements
475.135Â Â Â Â Grounds
to grant or deny registration; scope of registration; effect of federal
registration
475.145Â Â Â Â Revocation
and suspension of registration
475.155Â Â Â Â Order
to show cause
475.165Â Â Â Â Records
of registrants
(Records)
475.175Â Â Â Â When
order forms required
475.185Â Â Â Â When
prescriptions required
475.188Â Â Â Â Prescription
drug orders; electronic transmission
475.190Â Â Â Â Exception
to prescription requirement; rules
(Miscellaneous)
475.215Â Â Â Â Cooperative
arrangements
475.225Â Â Â Â Education
and research
(Enforcement)
475.235Â Â Â Â Burden
of proof; status of analysis of controlled substance; notice of objection
475.245Â Â Â Â Conditional
discharge
475.255Â Â Â Â Status
of penalties
475.265Â Â Â Â When
prosecution barred
(Interpretation; Title)
475.275Â Â Â Â Uniformity
of interpretation
475.285Â Â Â Â Short
title
475.300Â Â Â Â Findings
475.302Â Â Â Â Definitions
for ORS 475.300 to 475.346
475.303Â Â Â Â Advisory
Committee on Medical Marijuana
475.304Â Â Â Â Marijuana
grow site registration system; rules
475.306Â Â Â Â Medical
use of marijuana; rules
475.309Â Â Â Â Registry
identification card; issuance; eligibility; duties of cardholder; immunity
475.312Â Â Â Â Designated
primary caregiver
475.316Â Â Â Â Limitations
on cardholderÂ’s immunity from criminal laws involving marijuana
475.319Â Â Â Â Affirmative
defense to certain criminal laws involving marijuana; notice
475.320Â Â Â Â Limits
on amounts possessed
475.323Â Â Â Â Effect
of possession of registry identification card or designated primary caregiver
card on search and seizure rights
475.324Â Â Â Â Limits
on confiscation of marijuana
475.326Â Â Â Â Attending
physician; limitation on civil liability and professional discipline
475.328Â Â Â Â Limits
on professional licensing boardÂ’s authority to sanction licensee for medical
use of marijuana; authorizes licensed health care professional to administer
medical marijuana
475.331Â Â Â Â List
of persons issued registry identification cards, designated primary caregivers
and authorized grow sites; disclosure
475.334Â Â Â Â Adding
diseases or conditions that qualify as debilitating medical conditions; rules
475.338Â Â Â Â Rules
475.340Â Â Â Â Limitations
on reimbursement of costs and employer accommodation
475.342Â Â Â Â Limitations
on protection from criminal liability
475.346Â Â Â Â Short
title
ILLEGAL DRUG CLEANUP
475.405Â Â Â Â Definitions
for ORS 475.405 to 475.495
475.415Â Â Â Â Request
for cleanup
475.425Â Â Â Â Environmental
Quality Commission rules; designation of chemicals
475.435Â Â Â Â Authority
of director
475.445Â Â Â Â Site
entry; purposes
475.455Â Â Â Â Liability
of certain persons for cleanup costs
475.465Â Â Â Â Liability
of state for cleanup
475.475Â Â Â Â Department
record of costs; collection of costs
475.485Â Â Â Â Costs
and penalties as lien; enforcement of lien
475.495Â Â Â Â Illegal
Drug Cleanup Fund; sources; uses
DRUG PARAPHERNALIA
475.525Â Â Â Â
475.535Â Â Â Â Action
to enforce ORS 475.525 to 475.565
475.545Â Â Â Â Order
of forfeiture of paraphernalia; effect
475.555Â Â Â Â Seizure
of drug paraphernalia
475.565Â Â Â Â Civil
penalty for violation of ORS 475.525
HYPODERMIC DEVICES
475.805Â Â Â Â Providing
hypodermic device to minor prohibited; exception
PENALTIES
475.840Â Â Â Â Prohibited
acts generally; penalties; affirmative defense for certain peyote uses
475.843Â Â Â Â Affirmative
defense to unlawfully possessing pseudoephedrine
475.846Â Â Â Â Unlawful
manufacture of heroin
475.848Â Â Â Â Unlawful
manufacture of heroin within 1,000 feet of school
475.850Â Â Â Â Unlawful
delivery of heroin
475.852Â Â Â Â Unlawful
delivery of heroin within 1,000 feet of school
475.854Â Â Â Â Unlawful
possession of heroin
475.856Â Â Â Â Unlawful
manufacture of marijuana
475.858Â Â Â Â Unlawful
manufacture of marijuana within 1,000 feet of school
475.860Â Â Â Â Unlawful
delivery of marijuana
475.862Â Â Â Â Unlawful
delivery of marijuana within 1,000 feet of school
475.864Â Â Â Â Unlawful
possession of marijuana
475.866Â Â Â Â Unlawful
manufacture of 3,4-methylene- dioxymethamphetamine
475.868Â Â Â Â Unlawful
manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school
475.870Â Â Â Â Unlawful
delivery of 3,4-methylenedioxy- methamphetamine
475.872Â Â Â Â Unlawful
delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of
school
475.874Â Â Â Â Unlawful
possession of 3,4-methylenedioxymethamphetamine
475.876Â Â Â Â Unlawful
manufacture of cocaine
475.878Â Â Â Â Unlawful
manufacture of cocaine within 1,000 feet of school
475.880Â Â Â Â Unlawful
delivery of cocaine
475.882Â Â Â Â Unlawful
delivery of cocaine within 1,000 feet of school
475.884Â Â Â Â Unlawful
possession of cocaine
475.886Â Â Â Â Unlawful
manufacture of methamphetamine
475.888Â Â Â Â Unlawful
manufacture of methamphetamine within 1,000 feet of school
475.890Â Â Â Â Unlawful
delivery of methamphetamine
475.892Â Â Â Â Unlawful
delivery of methamphetamine within 1,000 feet of school
475.894Â Â Â Â Unlawful
possession of methamphetamine
475.900Â Â Â Â Crime
category classification; proof of commercial drug offense
475.902Â Â Â Â Directives
to
475.904Â Â Â Â Unlawful
manufacture or delivery of controlled substance within 1,000 feet of school
475.906Â Â Â Â Penalties
for distribution to minors
475.908Â Â Â Â Causing
another person to ingest a controlled substance
475.910Â Â Â Â Application
of controlled substance to the body of another person; prohibition
475.912Â Â Â Â Unlawful
delivery of imitation controlled substance
475.914Â Â Â Â Prohibited
acts for registrants; penalties
475.916Â Â Â Â Prohibited
acts involving records and fraud; penalties
475.918Â Â Â Â Falsifying
drug test results
475.920Â Â Â Â Providing
drug test falsification equipment
PRECURSOR SUBSTANCES
475.940Â Â Â Â Precursor
substances described
475.945Â Â Â Â Authority
and duties of Department of State Police; rules
475.947Â Â Â Â Warning
notice for precursor substance violation
475.949Â Â Â Â Injunctive
relief for precursor substance violation
475.950Â Â Â Â Failure
to report precursor substances transaction
475.955Â Â Â Â Failure
to report missing precursor substances
475.960Â Â Â Â Illegally
selling drug equipment
475.962Â Â Â Â Distribution
of equipment, solvent, reagent or precursor substance with intent to facilitate
manufacture of controlled substance
475.965Â Â Â Â Providing
false information on precursor substances report or record
475.967Â Â Â Â Possession
of precursor substance with intent to manufacture controlled substance
475.969Â Â Â Â Unlawful
possession of phosphorus
475.971Â Â Â Â Unlawful
possession of anhydrous ammonia
475.973Â Â Â Â Rulemaking
authority regarding products containing ephedrine, pseudoephedrine and
phenylpropanolamine; records
475.975Â Â Â Â Unlawful
possession of iodine in its elemental form; recording transfers; unlawful
distribution of iodine in its elemental form
475.976Â Â Â Â Unlawful
possession of iodine matrix; recording transfers; unlawful distribution of
iodine matrix
475.977Â Â Â Â Possessing
or disposing of methamphetamine manufacturing waste
475.978Â Â Â Â Methyl
sulfonyl methane; transfers; records; rules
475.979Â Â Â Â Unlawful
possession of lithium metal or sodium metal
475.980Â Â Â Â 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 practitionerÂ’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
applicantÂ’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
applicantÂ’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
     (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 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 475.840 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) Except when dispensed directly by a practitioner to an ultimate user, no
controlled substance in Schedule II may be dispensed without the written
prescription of a practitioner.
     (2) In emergency situations, as defined by
rule of the State Board of Pharmacy, Schedule II drugs may be dispensed upon
oral or electronically transmitted prescription of a practitioner, reduced
promptly to writing and filed by the pharmacy. Prescriptions shall be retained
in conformity with the requirements of ORS 475.165. No prescription for a
Schedule II substance may be refilled.
     (3) Except when dispensed directly by a
practitioner to an ultimate user, a controlled substance included in Schedule
III, IV or V, which is a prescription drug, shall not be dispensed without a
written, oral or electronically transmitted prescription of a practitioner. The
prescription shall not be filled or refilled more than six months after the
date on which it was issued and no prescription authorized to be refilled may
be refilled more than five times. Additional quantities of the controlled
substances listed in Schedule III, IV or V may only be authorized by a
practitioner through issuance of a new prescription.
     (4) A controlled substance shall 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 shall 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
shall 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]
     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 patientÂ’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 patientÂ’s freedom to select the
pharmacy or pharmacy department of the patientÂ’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, 453.025 or 475.185 (1). [2001 c.623 §2; 2003 c.102 §1]
     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 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.
     (3) Any person who is registered under ORS
475.005 to 475.285 and 475.840 to 475.980 to deliver or dispense controlled
substances may deliver or dispense sodium pentobarbital 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. Those rules may require that a person complete
certain educational or training programs in order to be certified. No person
shall administer sodium pentobarbital unless the person is certified by the
Oregon State Veterinary Medical Examining Board. [1983 c.342 §2; 1995 c.440 §28]
     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 Department of Human Services 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 department 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 475.840 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 475.840 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 department may enter into
contracts for educational and research activities without performance bonds and
without regard to ORS 279A.125, 279A.140, 279B.025, 279B.240, 279B.270,
279B.275, 279B.280, 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]
(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 475.840 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 475.840 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 475.840 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 attorneyÂ’s information 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 attorneyÂ’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.
     (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 181.080.
     (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]
     Note: The amendments to 475.235 by section 2,
chapter 636,
     475.235. (1) It is not necessary for the state to
negate any exemption or exception in ORS 475.005 to 475.285 and 475.840 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 475.840 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 475.840 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 attorneyÂ’s information 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 attorneyÂ’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.
     (4) As used in this section, “presumptive
test” includes, but is not limited to, chemical tests using Marquis reagent,
Duquenois-Levine reagent, Scott reagent system or modified ChenÂ’s reagent.
     475.245
Conditional discharge.
Whenever any person pleads guilty to or is found guilty of possession of a
controlled substance under ORS 475.840 (3), 475.854, 475.864, 475.874, 475.884
or 475.894 or of a property offense that is motivated by a dependence on a
controlled substance, the court, without entering a judgment of guilt and with
the consent of the district attorney and the accused, may defer further
proceedings and place the person on probation. Upon violation of a term or
condition of probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. Upon fulfillment of the terms and conditions,
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. [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]
     475.255
Status of penalties. Any
penalty imposed for violation of ORS 475.005 to 475.285 and 475.840 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 475.840 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 475.840 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 475.840 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 475.840 to 475.980 may be cited as the Uniform Controlled
Substances Act. [1977 c.745 §29; 1995 c.440 §7]
     475.295 [1989 c.1075 §2; 1991 c.460 §3; 1993 c.33 §358;
renumbered 430.400 in 1993]
     475.300
Findings. The people of the
state of
     (1) Patients and doctors have found
marijuana to be an effective treatment for suffering caused by debilitating
medical conditions, and therefore, marijuana should be treated like other
medicines;
     (2) Oregonians suffering from debilitating
medical conditions should be allowed to use small amounts of marijuana without
fear of civil or criminal penalties when their doctors advise that such use may
provide a medical benefit to them and when other reasonable restrictions are
met regarding that use;
     (3) ORS 475.300 to 475.346 are intended to
allow Oregonians with debilitating medical conditions who may benefit from the
medical use of marijuana to be able to discuss freely with their doctors the
possible risks and benefits of medical marijuana use and to have the benefit of
their doctorÂ’s professional advice; and
     (4) ORS 475.300 to 475.346 are intended to
make only those changes to existing Oregon laws that are necessary to protect
patients and their doctors from criminal and civil penalties, and are not
intended to change current civil and criminal laws governing the use of
marijuana for nonmedical purposes. [1999 c.4 §2]
     Note: 475.300 to 475.346 were adopted by the
people by initiative petition but were not added to or made a part of ORS
chapter 475 or any series therein. See Preface to Oregon Revised Statutes for
further explanation.
     475.302
Definitions for ORS 475.300 to 475.346. As used in ORS 475.300 to 475.346:
     As used in ORS 475.300 to 475.346:
     (1) “Attending physician” means a
physician licensed under ORS chapter 677 who has primary responsibility for the
care and treatment of a person diagnosed with a debilitating medical condition.
     (2) “Debilitating medical condition”
means:
     (a) Cancer, glaucoma, agitation due to
AlzheimerÂ’s disease, positive status for human immunodeficiency virus or
acquired immune deficiency syndrome, or treatment for these conditions;
     (b) A medical condition or treatment for a
medical condition that produces, for a specific patient, one or more of the
following:
     (A) Cachexia;
     (B) Severe pain;
     (C) Severe nausea;
     (D) Seizures, including but not limited to
seizures caused by epilepsy; or
     (E) Persistent muscle spasms, including
but not limited to spasms caused by multiple sclerosis; or
     (c) Any other medical condition or
treatment for a medical condition adopted by the department by rule or approved
by the department pursuant to a petition submitted pursuant to ORS 475.334.
     (3) “Delivery” has the meaning given that
term in ORS 475.005. “Delivery” does not include transfer of marijuana by a
registry identification cardholder to another registry identification
cardholder if no consideration is paid for the transfer.
     (4) “Department” means the Department of
Human Services.
     (5) “Designated primary caregiver” means
an individual 18 years of age or older who has significant responsibility for
managing the well-being of a person who has been diagnosed with a debilitating
medical condition and who is designated as such on that personÂ’s application
for a registry identification card or in other written notification to the
department. “Designated primary caregiver” does not include the person’s
attending physician.
     (6) “Marijuana” has the meaning given that
term in ORS 475.005.
     (7) “Marijuana grow site” means a location
where marijuana is produced for use by a registry identification cardholder and
that is registered under the provisions of ORS 475.304.
     (8) “Medical use of marijuana” means the
production, possession, delivery, or administration of marijuana, or
paraphernalia used to administer marijuana, as necessary for the exclusive
benefit of a person to mitigate the symptoms or effects of the personÂ’s
debilitating medical condition.
     (9) “Production” has the meaning given
that term in ORS 475.005.
     (10) “Registry identification card” means
a document issued by the department that identifies a person authorized to
engage in the medical use of marijuana and the personÂ’s designated primary
caregiver, if any.
     (11) “Usable marijuana” means the dried
leaves and flowers of the plant Cannabis family Moraceae, and any mixture or
preparation thereof, that are appropriate for medical use as allowed in ORS
475.300 to 475.346. “Usable marijuana” does not include the seeds, stalks and
roots of the plant.
     (12) “Written documentation” means a
statement signed by the attending physician of a person diagnosed with a
debilitating medical condition or copies of the personÂ’s relevant medical
records. [1999 c.4 §3; 2001 c.900 §205; 2003 c.14 §305; 2005 c.22 §346; 2005
c.822 §1; 2007 c.573 §1]
     Note: See note under 475.300.
     475.303
Advisory Committee on Medical Marijuana. (1) There is created the Advisory Committee on Medical Marijuana in the
Department of Human Services, consisting of 11 members appointed by the
Director of Human Services.
     (2) The director shall appoint members of
the committee from persons who possess registry identification cards,
designated primary caregivers of persons who possess registry identification
cards and advocates of the Oregon Medical Marijuana Act.
     (3) The committee shall advise the
director on the administrative aspects of the Oregon Medical Marijuana Program,
review current and proposed administrative rules of the program and provide
annual input on the fee structure of the program.
     (4) The committee shall meet at least four
times per year, at times and places specified by the director.
     (5) The department shall provide staff
support to the committee.
     (6) All agencies of state government, as
defined in ORS 174.111, are directed to assist the committee in the performance
of its duties and, to the extent permitted by laws relating to confidentiality,
to furnish information and advice that the members of the committee consider
necessary to perform their duties. [2005 c.822 §7]
     Note: See note under 475.300. 475.303 was added to
and made a part of 475.300 to 475.346 by legislative action.
     475.304
Marijuana grow site registration system; rules. (1) The Department of Human Services shall
establish by rule a marijuana grow site registration system to authorize
production of marijuana by a registry identification cardholder, a designated
primary caregiver who grows marijuana for the cardholder or a person who is
responsible for a marijuana grow site. The marijuana grow site registration
system adopted must require a registry identification cardholder to submit an
application to the department that includes:
     (a) The name of the person responsible for
the marijuana grow site;
     (b) The address of the marijuana grow
site;
     (c) The registry identification card
number of the registry cardholder for whom the marijuana is being produced; and
     (d) Any other information the department
considers necessary.
     (2) The department shall issue a marijuana
grow site registration card to a registry identification cardholder who has met
the requirements of subsection (1) of this section.
     (3) A person who has been issued a
marijuana grow site registration card under this section must display the
registration card at the marijuana grow site at all times when marijuana is
being produced.
     (4) A marijuana grow site registration
card must be obtained and posted for each registry identification cardholder
for whom marijuana is being produced at a marijuana grow site.
     (5) All usable marijuana, plants,
seedlings and seeds associated with the production of marijuana for a registry
identification cardholder by a person responsible for a marijuana grow site are
the property of the registry identification cardholder and must be provided to
the registry identification cardholder upon request.
     (6)(a) The department shall conduct a
criminal records check under ORS 181.534 of any person whose name is submitted
as a person responsible for a marijuana grow site.
     (b) A person convicted of a Class A or
Class B felony under ORS 475.840 to 475.920 for the manufacture or delivery of
a controlled substance in Schedule I or Schedule II may not be issued a
marijuana grow site registration card or produce marijuana for a registry
identification cardholder for five years from the date of conviction.
     (c) A person convicted more than once of a
Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II may not be
issued a marijuana grow site registration card or produce marijuana for a
registry identification cardholder.
     (7) A registry identification cardholder
or the designated primary caregiver of the cardholder may reimburse the person
responsible for a marijuana grow site for the costs of supplies and utilities
associated with the production of marijuana for the registry identification
cardholder. No other costs associated with the production of marijuana for the
registry identification cardholder, including the cost of labor, may be
reimbursed. [2005 c.822 §8; 2007 c.573 §2]
     Note: Section 7, chapter 573, Oregon Laws 2007,
provides:
     Sec.
7. The amendments to ORS
475.304 and 475.320 by sections 2 and 5 of this 2007 Act apply only to a person
convicted after January 1, 2006, of a Class A or Class B felony under ORS
475.840 to 475.920 for the manufacture or delivery of a controlled substance in
Schedule I or Schedule II. [2007 c.573 §7]
     Note: See note under 475.300. 475.304 was added to
and made a part of 475.300 to 475.346 by legislative action.
     475.305 [1977 c.636 §1; 1979 c.674 §1; repealed by
1993 c.571 §30]
     475.306
Medical use of marijuana; rules. (1) A person who possesses a registry identification card issued
pursuant to ORS 475.309 may engage in, and a designated primary caregiver of
such a person may assist in, the medical use of marijuana only as justified to
mitigate the symptoms or effects of the personÂ’s debilitating medical
condition.
     (2) A person who is a registry
identification cardholder must possess the registry identification card when
using or transporting marijuana in a location other than the residence of the
cardholder.
     (3) The Department of Human Services shall
define by rule when a marijuana plant is mature and when it is immature. The
rule shall provide that a plant that has no flowers and that is less than 12
inches in height and less than 12 inches in diameter is a seedling or a start
and is not a mature plant. [1999 c.4 §7; 2005 c.822 §2]
     Note: See note under 475.300.
     475.309
Registry identification card; issuance; eligibility; duties of cardholder;
immunity. (1) Except as
provided in ORS 475.316, 475.320 and 475.342, a person engaged in or assisting
in the medical use of marijuana is excepted from the criminal laws of the state
for possession, delivery or production of marijuana, aiding and abetting
another in the possession, delivery or production of marijuana or any other
criminal offense in which possession, delivery or production of marijuana is an
element if the following conditions have been satisfied:
     (a) The person holds a registry
identification card issued pursuant to this section, has applied for a registry
identification card pursuant to subsection (9) of this section, is the designated
primary caregiver of the cardholder or applicant, or is the person responsible
for a marijuana grow site that is producing marijuana for the cardholder and is
registered under ORS 475.304; and
     (b) The person who has a debilitating
medical condition, the personÂ’s primary caregiver and the person responsible
for a marijuana grow site that is producing marijuana for the cardholder and is
registered under ORS 475.304 are collectively in possession of, delivering or
producing marijuana for medical use in amounts allowed under ORS 475.320.
     (2) The Department of Human Services shall
establish and maintain a program for the issuance of registry identification
cards to persons who meet the requirements of this section. Except as provided
in subsection (3) of this section, the department shall issue a registry
identification card to any person who pays a fee in the amount established by
the department and provides the following:
     (a) Valid, written documentation from the
personÂ’s attending physician stating that the person has been diagnosed with a
debilitating medical condition and that the medical use of marijuana may
mitigate the symptoms or effects of the personÂ’s debilitating medical
condition;
     (b) The name, address and date of birth of
the person;
     (c) The name, address and telephone number
of the personÂ’s attending physician;
     (d) The name and address of the person’s
designated primary caregiver, if the person has designated a primary caregiver
at the time of application; and
     (e) A written statement that indicates
whether the marijuana used by the cardholder will be produced at a location
where the cardholder or designated primary caregiver is present or at another
location.
     (3) The department shall issue a registry
identification card to a person who is under 18 years of age if the person
submits the materials required under subsection (2) of this section, and the
custodial parent or legal guardian with responsibility for health care
decisions for the person under 18 years of age signs a written statement that:
     (a) The attending physician of the person
under 18 years of age has explained to that person and to the custodial parent
or legal guardian with responsibility for health care decisions for the person
under 18 years of age the possible risks and benefits of the medical use of
marijuana;
     (b) The custodial parent or legal guardian
with responsibility for health care decisions for the person under 18 years of
age consents to the use of marijuana by the person under 18 years of age for
medical purposes;
     (c) The custodial parent or legal guardian
with responsibility for health care decisions for the person under 18 years of
age agrees to serve as the designated primary caregiver for the person under 18
years of age; and
     (d) The custodial parent or legal guardian
with responsibility for health care decisions for the person under 18 years of
age agrees to control the acquisition of marijuana and the dosage and frequency
of use by the person under 18 years of age.
     (4) A person applying for a registry
identification card pursuant to this section may submit the information
required in this section to a county health department for transmittal to the
Department of Human Services. A county health department that receives the
information pursuant to this subsection shall transmit the information to the
Department of Human Services within five days of receipt of the information.
Information received by a county health department pursuant to this subsection
shall be confidential and not subject to disclosure, except as required to
transmit the information to the Department of Human Services.
     (5)(a) The department shall verify the
information contained in an application submitted pursuant to this section and
shall approve or deny an application within thirty days of receipt of the
application.
     (b) In addition to the authority granted
to the department under ORS 475.316 to deny an application, the department may
deny an application for the following reasons:
     (A) The applicant did not provide the
information required pursuant to this section to establish the applicantÂ’s
debilitating medical condition and to document the applicantÂ’s consultation
with an attending physician regarding the medical use of marijuana in
connection with such condition, as provided in subsections (2) and (3) of this
section;
     (B) The department determines that the
information provided was falsified; or
     (C) The applicant has been prohibited by a
court order from obtaining a registry identification card.
     (c) Denial of a registry identification card
shall be considered a final department action, subject to judicial review. Only
the person whose application has been denied, or, in the case of a person under
the age of 18 years of age whose application has been denied, the personÂ’s
parent or legal guardian, shall have standing to contest the departmentÂ’s
action.
     (d) Any person whose application has been
denied may not reapply for six months from the date of the denial, unless so
authorized by the department or a court of competent jurisdiction.
     (6)(a) If the department has verified the
information submitted pursuant to subsections (2) and (3) of this section and
none of the reasons for denial listed in subsection (5)(b) of this section is
applicable, the department shall issue a serially numbered registry
identification card within five days of verification of the information. The
registry identification card shall state:
     (A) The cardholder’s name, address and
date of birth;
     (B) The date of issuance and expiration
date of the registry identification card;
     (C) The name and address of the person’s
designated primary caregiver, if any;
     (D) Whether the marijuana used by the
cardholder will be produced at a location where the cardholder or designated
primary caregiver is present or at another location; and
     (E) Any other information that the
department may specify by rule.
     (b) When the person to whom the department
has issued a registry identification card pursuant to this section has
specified a designated primary caregiver, the department shall issue an
identification card to the designated primary caregiver. The primary caregiverÂ’s
registry identification card shall contain the information provided in
paragraph (a) of this subsection.
     (7)(a) A person who possesses a registry
identification card shall:
     (A) Notify the department of any change in
the personÂ’s name, address, attending physician or designated primary
caregiver.
     (B) If applicable, notify the designated
primary caregiver of the cardholder and the person responsible for the
marijuana grow site that produces marijuana for the cardholder of any change in
status including, but not limited to:
     (i) The assignment of another individual
as the designated primary caregiver of the cardholder;
     (ii) The assignment of another individual
as the person responsible for a marijuana grow site producing marijuana for the
cardholder; or
     (iii) The end of the eligibility of the
cardholder to hold a valid registry identification card.
     (C) Annually submit to the department:
     (i) Updated written documentation from the
cardholderÂ’s attending physician of the personÂ’s debilitating medical condition
and that the medical use of marijuana may mitigate the symptoms or effects of
the personÂ’s debilitating medical condition; and
     (ii) The name of the person’s designated primary
caregiver if a primary caregiver has been designated for the upcoming year.
     (b) If a person who possesses a registry
identification card fails to comply with this subsection, the card shall be
deemed expired. If a registry identification card expires, the identification
card of any designated primary caregiver of the cardholder shall also expire.
     (8)(a) A person who possesses a registry
identification card pursuant to this section and who has been diagnosed by the
personÂ’s attending physician as no longer having a debilitating medical
condition or whose attending physician has determined that the medical use of
marijuana is contraindicated for the personÂ’s debilitating medical condition
shall return the registry identification card and any other associated Oregon
Medical Marijuana Program cards to the department within 30 calendar days of
notification of the diagnosis or notification of the contraindication.
     (b) If, due to circumstances beyond the
control of the registry identification cardholder, a cardholder is unable to
obtain a second medical opinion about the cardholderÂ’s continuing eligibility
to use medical marijuana before the 30-day period specified in paragraph (a) of
this subsection has expired, the department may grant the cardholder additional
time to obtain a second opinion before requiring the cardholder to return the
registry identification card and any associated cards.
     (9) A person who has applied for a
registry identification card pursuant to this section but whose application has
not yet been approved or denied, and who is contacted by any law enforcement
officer in connection with the personÂ’s administration, possession, delivery or
production of marijuana for medical use may provide to the law enforcement
officer a copy of the written documentation submitted to the department
pursuant to subsection (2) or (3) of this section and proof of the date of
mailing or other transmission of the documentation to the department. This
documentation shall have the same legal effect as a registry identification
card until such time as the person receives notification that the application
has been approved or denied.
     (10) A registry identification cardholder
has the primary responsibility of notifying the primary caregiver and person
responsible for the marijuana grow site that produces marijuana for the
cardholder of any change in status of the cardholder. If the department is
notified by the cardholder that a primary caregiver or person responsible for a
marijuana grow site has changed, the department shall notify the primary
caregiver or the person responsible for the marijuana grow site by mail at the
address of record confirming the change in status and informing the caregiver
or person that their card is no longer valid and must be returned to the
department.
     (11) The department shall revoke the
registry identification card of a cardholder if a court has issued an order
that prohibits the cardholder from participating in the medical use of
marijuana or otherwise participating in the Oregon Medical Marijuana Program
under ORS 475.300 to 475.346. The cardholder shall return the registry
identification card to the department within seven calendar days of
notification of the revocation. If the cardholder is a patient, the patient
shall return the patientÂ’s card and all other associated Oregon Medical
Marijuana Program cards.
     (12) The department and employees and
agents of the department acting within the course and scope of their employment
are immune from any civil liability that might be incurred or imposed for the
performance of or failure to perform duties required by this section. [1999 c.4
§4; 1999 c.825 §2; 2003 c.14 §306; 2005 c.822 §3; 2007 c.573 §3]
     Note: See note under 475.300.
     475.312
Designated primary caregiver.
(1) If a person who possesses a registry identification card issued pursuant to
ORS 475.309 chooses to have a designated primary caregiver, the person must
designate the primary caregiver by including the primary caregiverÂ’s name and
address:
     (a) On the person’s application for a
registry identification card;
     (b) In the annual updated information
required under ORS 475.309; or
     (c) In a written, signed statement
submitted to the Department of Human Services.
     (2) A person described in this section may
have only one designated primary caregiver at any given time. [1999 c.4 §13]
     Note: See note under 475.300.
     475.315 [1977 c.636 §2; 1979 c.674 §2; repealed by
1993 c.571 §30]
     475.316
Limitations on cardholderÂ’s immunity from criminal laws involving marijuana. (1) No person authorized to possess, deliver
or produce marijuana for medical use pursuant to ORS 475.300 to 475.346 shall
be excepted from the criminal laws of this state or shall be deemed to have
established an affirmative defense to criminal charges of which possession,
delivery or production of marijuana is an element if the person, in connection
with the facts giving rise to such charges:
     (a) Drives under the influence of
marijuana as provided in ORS 813.010;
     (b) Engages in the medical use of
marijuana in a public place as that term is defined in ORS 161.015, or in
public view or in a correctional facility as defined in ORS 162.135 (2) or
youth correction facility as defined in ORS 162.135 (6);
     (c) Delivers marijuana to any individual
who the person knows is not in possession of a registry identification card;
     (d) Delivers marijuana for consideration
to any individual, even if the individual is in possession of a registry
identification card;
     (e) Manufactures or produces marijuana at
a place other than a marijuana grow site authorized under ORS 475.304; or
     (f) Manufactures or produces marijuana at
more than one address.
     (2) In addition to any other penalty
allowed by law, a person who the Department of Human Services finds has
willfully violated the provisions of ORS 475.300 to 475.346, or rules adopted
under ORS 475.300 to 475.346, may be precluded from obtaining or using a
registry identification card for the medical use of marijuana for a period of
up to six months, at the discretion of the department. [1999 c.4 §5; 1999 c.825
§3; 2005 c.822 §13; 2007 c.573 §4]
     Note: See note under 475.300.
     475.319
Affirmative defense to certain criminal laws involving marijuana; notice. (1) Except as provided in ORS 475.316 and
475.342, it is an affirmative defense to a criminal charge of possession or
production of marijuana, or any other criminal offense in which possession or
production of marijuana is an element, that the person charged with the offense
is a person who:
     (a) Has been diagnosed with a debilitating
medical condition within 12 months prior to arrest and been advised by the
personÂ’s attending physician that the medical use of marijuana may mitigate the
symptoms or effects of that debilitating medical condition;
     (b) Is engaged in the medical use of marijuana;
and
     (c) Possesses or produces marijuana only
in amounts permitted under ORS 475.320.
     (2) It is not necessary for a person
asserting an affirmative defense pursuant to this section to have received a
registry identification card in order to assert the affirmative defense
established in this section.
     (3) No person engaged in the medical use
of marijuana who claims that marijuana provides medically necessary benefits
and who is charged with a crime pertaining to such use of marijuana shall be
precluded from presenting a defense of choice of evils, as set forth in ORS
161.200, or from presenting evidence supporting the necessity of marijuana for
treatment of a specific disease or medical condition, provided that the amount
of marijuana at issue is no greater than permitted under ORS 475.320 and the
patient has taken a substantial step to comply with the provisions of ORS
475.300 to 475.346.
     (4) Any defendant proposing to use the
affirmative defense provided for by this section in a criminal action shall,
not less than five days before the trial of the cause, file and serve upon the
district attorney a written notice of the intention to offer such a defense
that specifically states the reasons why the defendant is entitled to assert
and the factual basis for such affirmative defense. If the defendant fails to
file and serve such notice, the defendant is not permitted to assert the
affirmative defense at the trial of the cause unless the court for good cause
orders otherwise. [1999 c.4 §6; 1999 c.825 §4; 2005 c.22 §347; 2005 c.822 §12]
     Note: See note under 475.300.
     475.320
Limits on amounts possessed.
(1)(a) A registry identification cardholder or the designated primary caregiver
of the cardholder may possess up to six mature marijuana plants and 24 ounces
of usable marijuana.
     (b) Notwithstanding paragraph (a) of this
subsection, if a registry identification cardholder has been convicted of a
Class A or Class B felony under ORS 475.840 to 475.920 for the manufacture or
delivery of a controlled substance in Schedule I or Schedule II, the registry
identification cardholder or the designated primary caregiver of the cardholder
may possess one ounce of usable marijuana at any given time for a period of
five years from the date of the conviction.
     (2) A person authorized under ORS 475.304
to produce marijuana at a marijuana grow site:
     (a) May produce marijuana for and provide
marijuana to a registry identification cardholder or that personÂ’s designated
primary caregiver as authorized under this section.
     (b) May possess up to six mature plants
and up to 24 ounces of usable marijuana for each cardholder or caregiver for
whom marijuana is being produced.
     (c) May produce marijuana for no more than
four registry identification cardholders or designated primary caregivers
concurrently.
     (d) Must obtain and display a marijuana
grow site registration card issued under ORS 475.304 for each registry
identification cardholder or designated primary caregiver for whom marijuana is
being produced.
     (e) Must provide all marijuana produced
for a registry identification cardholder or designated primary caregiver to the
cardholder or caregiver at the time the person responsible for a marijuana grow
site ceases producing marijuana for the cardholder or caregiver.
     (f) Must return the marijuana grow site
registration card to the registry identification cardholder to whom the card
was issued when requested to do so by the cardholder or when the person
responsible for a marijuana grow site ceases producing marijuana for the cardholder
or caregiver.
     (3) Except as provided in subsections (1)
and (2) of this section, a registry identification cardholder, the designated
primary caregiver of the cardholder and the person responsible for a marijuana
grow site producing marijuana for the registry identification cardholder may
possess a combined total of up to six mature plants and 24 ounces of usable
marijuana for that registry identification cardholder.
     (4)(a) A registry identification
cardholder and the designated primary caregiver of the cardholder may possess a
combined total of up to 18 marijuana seedlings or starts as defined by rule of
the Department of Human Services.
     (b) A person responsible for a marijuana
grow site may possess up to 18 marijuana seedlings or starts as defined by rule
of the department for each registry identification cardholder for whom the
person responsible for the marijuana grow site is producing marijuana. [2005
c.822 §9; 2007 c.573 §5]
     Note: The amendments to 475.320 by section 5,
chapter 573,
     475.320. (1)(a) A registry identification cardholder
or the designated primary caregiver of the cardholder may possess up to six
mature marijuana plants and 24 ounces of usable marijuana.
     (b) Notwithstanding paragraph (a) of this
subsection, if a registry identification cardholder has been convicted of
violating ORS 475.840 (1)(a) or (b), the registry identification cardholder or
the designated primary caregiver of the cardholder may possess one ounce of
usable marijuana at any given time for a period of five years from the date of
the conviction.
     (2) If the marijuana used by the registry
identification cardholder is produced at a marijuana grow site where the
cardholder or designated primary caregiver is not present, the person
responsible for the marijuana grow site:
     (a) May produce marijuana for and provide
marijuana to a registry identification cardholder or that personÂ’s designated
primary caregiver as authorized under this section.
     (b) May possess up to six mature plants
and up to 24 ounces of usable marijuana for each cardholder or caregiver for
which marijuana is being produced.
     (c) May produce marijuana for up to four
registry identification cardholders or designated primary caregivers per year.
     (d) Must obtain and display a marijuana
grow site registration card issued under ORS 475.304 for each registry
identification cardholder or designated primary caregiver for which marijuana
is being produced.
     (e) Must provide all marijuana produced
for a registry identification cardholder or designated primary caregiver to the
cardholder or caregiver at the time the person responsible for a marijuana grow
site ceases producing marijuana for the cardholder or caregiver.
     (f) Must return the marijuana grow site
registration card to the registry identification cardholder to whom the card
was issued when requested to do so by the cardholder or when the person
responsible for a marijuana grow site ceases producing marijuana for the
cardholder or caregiver.
     (3) Except as provided in subsections (1)
and (2) of this section, a registry identification cardholder, the designated
primary caregiver of the cardholder and the person responsible for a marijuana
grow site producing marijuana for the registry identification cardholder may
possess a combined total of up to six mature plants and 24 ounces of usable
marijuana for that registry identification cardholder.
     (4)(a) A registry identification
cardholder and the designated primary caregiver of the cardholder may possess a
combined total of up to 18 marijuana seedlings or starts as defined by rule of
the Department of Human Services.
     (b) A person responsible for a marijuana
grow site may possess up to 18 marijuana seedlings or starts as defined by rule
of the department for each registry identification cardholder for which the
person responsible for the marijuana grow site is producing marijuana.
     Note: See first note under 475.304.
     Note: See note under 475.300. 475.320 was added to
and made a part of 475.300 to 475.346 by legislative action.
     475.323
Effect of possession of registry identification card or designated primary
caregiver card on search and seizure rights. (1) Possession of a registry identification card or designated primary
caregiver identification card pursuant to ORS 475.309 does not alone constitute
probable cause to search the person or property of the cardholder or otherwise
subject the person or property of the cardholder to inspection by any
governmental agency.
     (2) Any property interest possessed, owned
or used in connection with the medical use of marijuana or acts incidental to
the medical use of marijuana that has been seized by state or local law
enforcement officers may not be harmed, neglected, injured or destroyed while
in the possession of any law enforcement agency. A law enforcement agency has
no responsibility to maintain live marijuana plants lawfully seized. No such
property interest may be forfeited under any provision of law providing for the
forfeiture of property other than as a sentence imposed after conviction of a
criminal offense. Usable marijuana and paraphernalia used to administer
marijuana that was seized by any law enforcement office shall be returned
immediately upon a determination by the district attorney in whose county the
property was seized, or the district attorneyÂ’s designee, that the person from
whom the marijuana or paraphernalia used to administer marijuana was seized is
entitled to the protections contained in ORS 475.300 to 475.346. The
determination may be evidenced, for example, by a decision not to prosecute,
the dismissal of charges or acquittal. [1999 c.4 §8; 1999 c.825 §5; 2005 c.22 §348]
     Note: See note under 475.300.
     475.324
Limits on confiscation of marijuana. A law enforcement officer who determines that a registry
identification cardholder is in possession of amounts of usable marijuana or
numbers of marijuana plants in excess of the amount or number authorized by ORS
475.320 may confiscate only any usable marijuana or plants that are in excess
of the amount or number authorized. [2005 c.822 §10]
     Note: See note under 475.300. 475.324 was added to
and made a part of 475.300 to 475.346 by legislative action.
     475.325 [1977 c.636 §3; 1979 c.674 §3; repealed by
1993 c.571 §30]
     475.326
Attending physician; limitation on civil liability and professional discipline. No attending physician may be subjected to
civil penalty or discipline by the Oregon Medical Board for:
     (1) Advising a person whom the attending
physician has diagnosed as having a debilitating medical condition, or a person
who the attending physician knows has been so diagnosed by another physician
licensed under ORS chapter 677, about the risks and benefits of medical use of
marijuana or that the medical use of marijuana may mitigate the symptoms or
effects of the personÂ’s debilitating medical condition, provided the advice is
based on the attending physicianÂ’s personal assessment of the personÂ’s medical
history and current medical condition; or
     (2) Providing the written documentation
necessary for issuance of a registry identification card under ORS 475.309, if
the documentation is based on the attending physicianÂ’s personal assessment of
the applicantÂ’s medical history and current medical condition and the attending
physician has discussed the potential medical risks and benefits of the medical
use of marijuana with the applicant. [1999 c.4 §9; 2005 c.822 §11]
     Note: See note under 475.300.
     475.328
Limits on professional licensing boardÂ’s authority to sanction licensee for
medical use of marijuana; authorizes licensed health care professional to administer
medical marijuana. (1) No
professional licensing board may impose a civil penalty or take other
disciplinary action against a licensee based on the licenseeÂ’s medical use of
marijuana in accordance with the provisions of ORS 475.300 to 475.346 or
actions taken by the licensee that are necessary to carry out the licenseeÂ’s
role as a designated primary caregiver to a person who possesses a lawful
registry identification card.
     (2)(a) A licensed health care professional
may administer medical marijuana to a person who possesses a registry
identification card and resides in a licensed health care facility if the
administration of pharmaceuticals is within the scope of practice of the
licensed health care professional. Administration of medical marijuana under
this subsection may not take place in a public place as defined in ORS 161.015
or in the presence of a person under 18 years of age. If the medical marijuana
administered under this subsection is smoked, adequate ventilation must be
provided.
     (b) Nothing in this subsection requires:
     (A) A licensed health care professional to
administer medical marijuana; or
     (B) A licensed health care facility to
make accommodations for the administration of medical marijuana. [1999 c.4 §10;
2005 c.822 §4]
     Note: See note under 475.300.
     475.331
List of persons issued registry identification cards, designated primary
caregivers and authorized grow sites; disclosure. (1)(a) The Department of Human Services
shall create and maintain a list of the persons to whom the department has
issued registry identification cards, the names of any designated primary
caregivers and the addresses of authorized marijuana grow sites. Except as
provided in subsection (2) of this section, the list shall be confidential and
not subject to public disclosure.
     (b) The department shall develop a system
by which authorized employees of state and local law enforcement agencies may
verify at all times that a person is a lawful possessor of a registry
identification card or the designated primary caregiver of a lawful possessor
of a registry identification card or that a location is an authorized marijuana
grow site.
     (2) Names and other identifying
information from the list established pursuant to subsection (1) of this
section may be released to:
     (a) Authorized employees of the department
as necessary to perform official duties of the department; and
     (b) Authorized employees of state or local
law enforcement agencies, only as necessary to verify that a person is a lawful
possessor of a registry identification card or the designated primary caregiver
of a lawful possessor of a registry identification card or that a location is
an authorized marijuana grow site. Prior to being provided identifying
information from the list, authorized employees of state or local law
enforcement agencies shall provide to the department adequate identification,
such as a badge number or similar authentication of authority.
     (3) Authorized employees of state or local
law enforcement agencies that obtain identifying information from the list as
authorized under this section may not release or use the information for any
purpose other than verification that a person is a lawful possessor of a
registry identification card or the designated primary caregiver of a lawful
possessor of a registry identification card or that a location is an authorized
marijuana grow site. [1999 c.4 §12; 2005 c.822 §5]
     Note: See note under 475.300.
     475.334
Adding diseases or conditions that qualify as debilitating medical conditions;
rules. Any person may submit
a petition to the Department of Human Services requesting that a particular
disease or condition be included among the diseases and conditions that qualify
as debilitating medical conditions under ORS 475.302. The department shall
adopt rules establishing the manner in which the department will evaluate
petitions submitted under this section. Any rules adopted pursuant to this
section shall require the department to approve or deny a petition within 180
days of receipt of the petition by the department. Denial of a petition shall
be considered a final department action subject to judicial review. [1999 c.4 §14]
     Note: See note under 475.300.
     475.335 [1977 c.636 §4; 1979 c.674 §4; repealed by
1993 c.571 §30]
     475.338
Rules. The Department of
Human Services shall adopt all rules necessary for the implementation and
administration of ORS 475.300 to 475.346. [1999 c.4 §15]
     Note: See note under 475.300.
     475.340
Limitations on reimbursement of costs and employer accommodation. Nothing in ORS 475.300 to 475.346 shall be
construed to require:
     (1) A government medical assistance
program or private health insurer to reimburse a person for costs associated
with the medical use of marijuana; or
     (2) An employer to accommodate the medical
use of marijuana in any workplace. [1999 c.4 §16]
     Note: See note under 475.300.
     475.342
Limitations on protection from criminal liability. Nothing in ORS 475.300 to 475.346 shall
protect a person from a criminal cause of action based on possession,
production, or delivery of marijuana that is not authorized by ORS 475.300 to
475.346. [1999 c.4 §11]
     Note: See note under 475.300.
     475.345 [1977 c.636 §5; 1979 c.674 §5; repealed by
1993 c.571 §30]
     475.346
Short title. ORS 475.300 to
475.346 shall be known as the Oregon Medical Marijuana Act. [1999 c.4 §1]
     Note: See note under 475.300.
     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]
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
475.805 to 475.980.
     (b) Any substance used in the manufacture
of a controlled substance as defined by ORS 475.005 to 475.285 and 475.805 to
475.980.
     (c) 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]
     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 475.805 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 directorÂ’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 stateÂ’s cleanup costs and for punitive damages
not to exceed three times the amount of the stateÂ’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 personÂ’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 stateÂ’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 stateÂ’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 stateÂ’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 475A.120 and 475A.126;
     (c) Moneys received from the federal
government for cleanup of illegal drug manufacturing sites; and
     (d) Any penalty, fine 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;
and
     (b) Funding any action or activity
authorized by ORS 475.415 to 475.455, 475.475 and 475.485.
     (6) 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 475A.120. 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 475A.120, 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]
     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
     (2) For the purposes of this section, “drug
paraphernalia” means all equipment, products and materials of any kind which
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 475.840 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 which 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 which is
a controlled substance;
     (d) Testing equipment marketed for use or
designed for use in identifying or in analyzing the strength, effectiveness or
purity of controlled substances;
     (e) Scales and balances marketed for use
or designed for use in weighing or measuring controlled substances;
     (f) Diluents and adulterants, such as
quinine hydrochloride, mannitol, mannite, dextrose and lactose, marketed for
use or designed for use in cutting controlled substances;
     (g) Separation gins and sifters marketed
for use or designed for use in removing twigs and seeds from, or in otherwise
cleaning or refining marijuana;
     (h) Containers and other objects marketed
for use or designed for use in storing or concealing controlled substances; and
     (i) Objects marketed for use or designed
specifically for use in ingesting, inhaling or otherwise introducing marijuana,
cocaine, hashish or hashish oil into the human body, such as:
     (A) Metal, wooden, acrylic, glass, stone,
plastic or ceramic pipes with or without screens, permanent screens or hashish
heads;
     (B) Water pipes;
     (C) Carburetion tubes and devices;
     (D) Smoking and carburetion masks;
     (E) Roach clips, meaning objects used to
hold burning material that has become too small or too short to be held in the
hand, such as a marijuana cigarette;
     (F) Miniature cocaine spoons and cocaine
vials;
     (G) Chamber pipes;
     (H) Carburetor pipes;
     (I) Electric pipes;
     (J) Air-driven pipes;
     (K) Chillums;
     (L) Bongs;
     (M) Ice pipes or chillers; and
     (N) Lighting equipment specifically designed
for the growing of controlled substances.
     (3) Drug paraphernalia does not include
hypodermic syringes or needles.
     (4) In determining whether an object is
drug paraphernalia, a trier of fact should consider, in addition to all other
relevant factors, the following:
     (a) Instructions, oral or written,
provided with the object concerning its use;
     (b) Descriptive materials accompanying the
object which explain or depict its use;
     (c) National and local advertising
concerning its use;
     (d) The manner in which the object is
displayed for sale;
     (e) The existence and scope of legitimate
uses for the object in the community; and
     (f) Any expert testimony which may be
introduced concerning its use.
     (5) 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. [1989 c.1077 §1; 1995 c.440 §10]
     475.535
Action to enforce ORS 475.525 to 475.565. The State of
     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 fines collected under this section
shall be forwarded to the State Treasurer for deposit in the General Fund to
the credit of the Department of Human Services. 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]
     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]
     475.750 [1955 c.573 §3; repealed by 1959 c.411 §22]
HYPODERMIC
DEVICES
     475.805
Providing hypodermic device to minor prohibited; exception. (1) No person shall sell or give a
hypodermic device to a minor unless the minor demonstrates a lawful need
therefor by authorization of a physician, parent or legal guardian or by other
means acceptable to the seller or donor.
     (2) As used in this section, “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. [1983 c.738 §1]
PENALTIES
     475.840
Prohibited acts generally; penalties; affirmative defense for certain peyote
uses. (1) Except as
authorized by ORS 475.005 to 475.285 and 475.840 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 475.860.
     (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, 475.888, 475.890, 475.892, 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 475.840 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 475.840 to
475.980. Any person who violates this subsection with respect to:
     (a) A controlled substance in Schedule I,
is guilty of a Class B felony, except as otherwise provided in ORS 475.864.
     (b) A controlled substance in Schedule II,
is guilty of a Class C felony.
     (c) A controlled substance in Schedule
III, is guilty of a Class A misdemeanor.
     (d) A controlled substance in Schedule IV,
is guilty of a Class C misdemeanor.
     (e) A controlled substance in Schedule V,
is guilty of a violation.
     (4) In any prosecution under this section
for manufacture, possession or delivery of that plant of the genus Lophophora
commonly known as peyote, it is an affirmative defense 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. [Formerly 475.992]
     475.843
Affirmative defense to unlawfully possessing pseudoephedrine. It is an affirmative defense to a charge of
violating ORS 475.840 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. [2005 c.706 §13a]
     Note: 475.843 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.
     475.846
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) Unlawful possession of heroin is a
Class B felony. [2005 c.708 §28]
     475.856
Unlawful manufacture of marijuana. (1) It is unlawful for any person to manufacture marijuana.
     (2) Unlawful manufacture of marijuana is a
Class A felony. [2005 c.708 §29]
     475.858
Unlawful manufacture of marijuana within 1,000 feet of school. (1) It is unlawful for any person to
manufacture marijuana 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 marijuana
within 1,000 feet of a school is a Class A felony. [2005 c.708 §30]
     475.860
Unlawful delivery of marijuana.
(1) It is unlawful for any person to deliver marijuana.
     (2) Unlawful delivery of marijuana is a
Class B felony if the delivery is for consideration.
     (3) Notwithstanding subsection (2) of this
section, unlawful delivery of marijuana is a:
     (a) Class A misdemeanor, if the delivery
is for no consideration and consists of less than one avoirdupois ounce of the
dried leaves, stems and flowers of the plant Cannabis family Moraceae; or
     (b) Violation, if the delivery is for no
consideration and consists of less than five grams of the dried leaves, stems
and flowers of the plant Cannabis family Moraceae. A violation under this
paragraph is punishable by a fine of not less than $500 and not more than
$1,000. Fines collected under this paragraph shall be forwarded to the Department
of Revenue for deposit in the Criminal Fine and Assessment Account established
in ORS 137.300.
     (4) Notwithstanding subsections (2) and
(3) of this section, unlawful delivery of marijuana is a:
     (a) Class A felony, if the delivery is to
a person under 18 years of age and the defendant is at least 18 years of age
and is at least three years older than the person to whom the marijuana is
delivered; or
     (b) Class C misdemeanor, if the delivery:
     (A) Is for no consideration;
     (B) Consists of less than five grams of
the dried leaves, stems and flowers of the plant Cannabis family Moraceae;
     (C) Takes place in a public place, as
defined in ORS 161.015, that is within 1,000 feet of the real property
comprising a public or private elementary, secondary or career school attended
primarily by minors; and
     (D) Is to a person who is 18 years of age
or older. [2005 c.708 §31]
     475.862
Unlawful delivery of marijuana within 1,000 feet of school. (1) It is unlawful for any person to deliver
marijuana 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 marijuana within
1,000 feet of a school is a Class A felony. [2005 c.708 §32]
     475.864
Unlawful possession of marijuana. (1) It is unlawful for any person knowingly or intentionally to
possess marijuana.
     (2) Unlawful possession of marijuana is a
Class B felony.
     (3) Notwithstanding subsection (2) of this
section, unlawful possession of marijuana is a violation if the amount
possessed is less than one avoirdupois ounce of the dried leaves, stems and
flowers of the plant Cannabis family Moraceae. A violation under this
subsection is punishable by a fine of not less than $500 and not more than
$1,000. Fines collected under this subsection shall be forwarded to the
Department of Revenue for deposit in the Criminal Fine and Assessment Account
established under ORS 137.300.
     (4) Notwithstanding subsections (2) and
(3) of this section, unlawful possession of marijuana is a Class C misdemeanor
if the amount possessed is less than one avoirdupois ounce of the dried leaves,
stems and flowers of the plant Cannabis family Moraceae and the possession
takes place in a public place, as defined in ORS 161.015, that is within 1,000
feet of the real property comprising a public or private elementary, secondary
or career school attended primarily by minors. [2005 c.708 §33]
     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-methylenedioxymethamphetamine
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-methylenedioxymethamphetamine
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-methylenedioxymethamphetamine
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-methylenedioxymethamphetamine
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-methylenedioxy-
methamphetamine.
     (2) Unlawful possession of 3,4-methylene-
dioxymethamphetamine is a Class B felony. [2005 c.708 §38]
     475.876
Unlawful manufacture of cocaine. (1) Except as authorized by ORS 475.005 to 475.285 and 475.840 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 475.840 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 475.840 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 475.840 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 475.840 to 475.980.
     (2) Unlawful possession of cocaine is a
Class C felony. [2005 c.708 §23]
     475.886
Unlawful manufacture of methamphetamine. (1) Except as authorized by ORS 475.005 to 475.285 and 475.840 to
475.980, it is unlawful for any person to manufacture methamphetamine.
     (2) Unlawful manufacture of
methamphetamine is a Class B felony. [2005 c.708 §14]
     475.888
Unlawful manufacture of methamphetamine within 1,000 feet of school. (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 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. [2005 c.708 §15]
     475.890
Unlawful delivery of methamphetamine. (1) Except as authorized by ORS 475.005 to 475.285 and 475.840 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. [2005 c.708 §16]
     475.892
Unlawful delivery of methamphetamine within 1,000 feet of school. (1) Except as authorized by ORS 475.005 to
475.285 and 475.840 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. [2005 c.708 §17]
     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 475.840 to 475.980.
     (2) Unlawful possession of methamphetamine
is a Class C felony. [2005 c.708 §18]
     475.900
Crime category classification; proof of commercial drug offense. (1) A violation of ORS 475.840, 475.846 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) Ten grams or more of a mixture or
substance containing a detectable amount of cocaine;
     (C) Ten grams or more of a mixture or
substance containing a detectable amount of methamphetamine, its salts, isomers
or salts of its isomers;
     (D) One hundred grams or more of a mixture
or substance containing a detectable amount of hashish;
     (E) One hundred and fifty grams or more of
a mixture or substance containing a detectable amount of marijuana;
     (F) Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic acid
diethylamide;
     (G) Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or psilocin; or
     (H) 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, cocaine,
hashish, marijuana, 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) Eight grams or more of a mixture or
substance containing a detectable amount of cocaine;
     (iii) Eight grams or more of a mixture or
substance containing a detectable amount of methamphetamine;
     (iv) Eight grams or more of a mixture or
substance containing a detectable amount of hashish;
     (v) One hundred ten grams or more of a
mixture or substance containing a detectable amount of marijuana;
     (vi) Twenty or more user units of a
mixture or substance containing a detectable amount of lysergic acid
diethylamide;
     (vii) Ten grams or more of a mixture or
substance containing a detectable amount of psilocybin or psilocin; or
     (viii) 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, 475.858, 475.862, 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 475.860 (4)(a) or 475.906 (1) or (2).
     (2) A violation of ORS 475.840 or 475.846
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, methamphetamine or 3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine
or 3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
     (b) The violation constitutes possession
of:
     (A) Five grams or more of a mixture or
substance containing a detectable amount of heroin;
     (B) Ten grams or more of a mixture or
substance containing a detectable amount of cocaine;
     (C) Ten grams or more of a mixture or
substance containing a detectable amount of methamphetamine;
     (D) One hundred grams or more of a mixture
or substance containing a detectable amount of hashish;
     (E) One hundred fifty grams or more of a
mixture or substance containing a detectable amount of marijuana;
     (F) Two hundred or more user units of a
mixture or substance containing a detectable amount of lysergic acid
diethylamide;
     (G) Sixty grams or more of a mixture or
substance containing a detectable amount of psilocybin or psilocin; or
     (H) 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 475.840 or
475.846 to 475.894 not contained in subsection (1) or (2) of this section shall
be classified as:
     (a) 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; or
     (b) Crime category 1 of the sentencing
guidelines grid of the Oregon Criminal Justice Commission if the violation
involves possession 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]
     475.902
Directives to
     (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 subsections (3) and (4) 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]
     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. (1) Except as
authorized by ORS 475.005 to 475.285 and 475.840 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, except
as otherwise provided in ORS 475.860. [Formerly 475.999]
     475.906
Penalties for distribution to minors. Except as authorized by ORS 475.005 to 475.285 and 475.840 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]
     475.908
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, except that “ingest”
does not include inhalation of marijuana smoke. [Formerly 475.984]
     475.910
Application of controlled substance to the body of another person; prohibition. (1) Except as authorized by ORS 475.005 to
475.285 or 475.840 to 475.980, it is unlawful for any person to intentionally
apply a controlled substance to the body of another person by injection,
inhalation, ingestion or any other means if the other person is under 18 years
of age. A person who violates this section with respect to:
     (a) 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.
     (b) 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.
     (c) A controlled substance in Schedule IV,
is guilty of a Class C felony.
     (d) A controlled substance in Schedule V,
is guilty of a Class A misdemeanor.
     (2) It is a defense to a charge of
violating subsection (1) of this section by applying marijuana that the person
applying the marijuana was less than three years older than the victim at the
time of the alleged offense. [Formerly 475.986]
     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 475.045, 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 475.840 to 475.980;
     (d) To refuse an entry into any premises
for any inspection authorized by ORS 475.005 to 475.285 and 475.840 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 475.840 to 475.980, or which
is used for keeping or selling them in violation of ORS 475.005 to 475.285 and
475.840 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]
     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 475.840 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]
PRECURSOR
SUBSTANCES
     475.940
Precursor substances described.
As used in ORS 475.840 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-oxanolone, 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 475.840 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 personÂ’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 personÂ’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 personÂ’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 475.840 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
     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 475.840 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 of State Police 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, dentist, podiatric physician and surgeon 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, dentist, podiatric physician and surgeon 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, dentist, podiatric physician and surgeon or veterinarian
pursuant to a prescription.
     (f) Any person who sells or transfers
ephedrine, pseudoephedrine or phenylpropanolamine in compliance with ORS
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 doctor-patient or doctor-client relationship.
     (h) Any person who obtains a precursor
substance from a practitioner, as defined in ORS 475.005, with whom the person
has a doctor-patient or doctor-client 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]
     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 475.840 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 475.840.
     (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 475.840 (1), 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]
     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) Notwithstanding ORS 475.045, 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]
     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, 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 or physician.
     (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]
     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 or physician;
     (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, 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]
     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 personÂ’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, 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]
     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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