There is a newer version of the Oregon Revised Statutes
2011 Oregon Revised Statutes
ORS Volume 12, Chapters 471 - 535
ORS Chapter 475
- 475.005 Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980.
- 475.010 [Amended by 1953 c.342 3; 1957 c.587 6; 1965 c.545 1; 1971 c.743 378; 1973 c.697 9; 1974 c.67 5; repealed by 1977 c.745 54]
- 475.015 [1977 c.745 3; 1979 c.777 50; repealed by 1981 c.666 11]
- 475.020 [Repealed by 1957 c.587 12]
- 475.025 [1977 c.745 4; repealed by 1981 c.666 11]
- 475.030 [Repealed by 1957 c.587 12]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.
- 475.040 [Repealed by 1957 c.587 12]
- 475.045 [1977 c.745 7a; repealed by 2011 c.524 4]
- 475.050 [Repealed by 1957 c.587 12]
- 475.055 Publishing of schedules.
- 475.059 Classification of marijuana.
- Note: 475.059 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.
- 475.060 [Repealed by 1957 c.587 12]
- 475.065 Classification of methamphetamine; exceptions.
- Note: 475.065 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 475.070 [Amended by 1961 c.648 12; repealed by 1971 c.743 432]
- 475.075 [1977 c.745 2; 1979 c.777 51; repealed by 1981 c.666 11]
- 475.080 [Repealed by 1959 c.411 22]
- 475.085 [1977 c.745 55; 1979 c.777 52; repealed by 1981 c.666 11]
- 475.090 [Amended by 1953 c.543 3; 1957 c.587 7; repealed by 1971 c.743 432]
- 475.095 Rules; fees.
- 475.100 [Amended by 1953 c.396 2; 1957 c.587 8; 1963 c.229 1; 1965 c.15 1; 1965 c.545 2; 1971 c.743 379; repealed by 1977 c.745 54]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.
- 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- 475.110 [Amended by 1953 c.396 2; 1965 c.545 3; 1971 c.743 379a; repealed by 1977 c.745 54]
- 475.120 [Repealed by 1971 c.743 432] (Registration)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.
- 475.130 [Repealed by 1957 c.587 12]
- 475.135 Grounds to grant or deny registration; scope of registration; effect of federal registration.
- 475.140 [Repealed by 1957 c.587 12]
- 475.145 Revocation and suspension of registration.
- 475.150 [Amended by 1959 c.411 1; 1971 c.418 14; repealed by 1977 c.745 54]
- 475.155 Order to show cause.
- 475.160 [Repealed by 1977 c.745 54]
- 475.165 Records of registrants.
- 475.175 When order forms required.
- 475.185 When prescriptions required.
- 475.188 Prescription drug orders; electronic transmission.
- 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.
- 475.205 [1977 c.745 24; repealed by 1981 c.666 11] (Miscellaneous)
- 475.215 Cooperative arrangements.
- 475.225 Education and research.
- 475.235 Burden of proof; status of analysis of controlled substance; notice of objection.
- 475.245 Conditional discharge.
- 475.255 Status of penalties.
- 475.265 When prosecution barred.
- 475.275 Uniformity of interpretation.
- 475.285 Short title.
- 475.295 [1989 c.1075 2; 1991 c.460 3; 1993 c.33 358; renumbered 430.400 in 1993] OREGON MEDICAL MARIJUANA ACT
- 475.300 Findings.
- Note: 475.300 to 475.346 were enacted into law but were not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
- 475.302 Definitions for ORS 475.300 to 475.346.
- Note: See note under 475.300.
- 475.303 Advisory Committee on Medical Marijuana.
- 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; fee.
- Note: Section 7, chapter 573, Oregon Laws 2007, provides:
- Sec. 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.
- Note: See note under 475.300.
- 475.309 Registry identification card; issuance; eligibility; duties of cardholder; immunity.
- Note: See note under 475.300.
- 475.312 Designated primary caregiver.
- 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 cardholder s immunity from criminal laws involving marijuana.
- Note: See note under 475.300.
- 475.319 Affirmative defense to certain criminal laws involving marijuana; notice.
- Note: See note under 475.300.
- 475.320 Limits on amounts possessed.
- 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.
- Note: See note under 475.300.
- 475.324 Limits on confiscation of marijuana.
- 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 penalty and professional discipline.
- Note: See note under 475.300.
- 475.328 Limits on professional licensing board s authority to sanction licensee for medical use of marijuana; authorizes licensed health care professional to administer medical marijuana.
- Note: See note under 475.300.
- 475.331 List of persons issued registry identification cards, designated primary caregivers and authorized grow sites; disclosure.
- Note: See note under 475.300.
- 475.334 Adding diseases or conditions that qualify as debilitating medical conditions; rules.
- 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.
- Note: See note under 475.300.
- 475.340 Limitations on reimbursement of costs and employer accommodation.
- Note: See note under 475.300.
- 475.342 Limitations on protection from criminal liability.
- 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.
- 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.
- 475.415 Request for cleanup.
- 475.425 Environmental Quality Commission rules; designation of chemicals.
- 475.435 Authority of director.
- 475.445 Site entry; purposes.
- 475.455 Liability of certain persons for cleanup costs.
- 475.465 Liability of state for cleanup.
- 475.475 Department record of costs; collection of costs.
- 475.485 Costs and penalties as lien; enforcement of lien.
- 475.495 Illegal Drug Cleanup Fund; sources; uses.
- 475.505 [1979 c.253 1; repealed by 1987 c.75 1]
- 475.510 [1979 c.253 2; repealed by 1987 c.75 1]
- 475.515 [1979 c.253 3; repealed by 1987 c.75 1] DRUG PARAPHERNALIA
- 475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions.
- 475.535 Action to enforce ORS 475.525 to 475.565.
- 475.545 Order of forfeiture of paraphernalia; effect.
- 475.555 Seizure of drug paraphernalia.
- 475.565 Civil penalty for violation of ORS 475.525.
- 475.610 [1955 c.573 2; 1957 c.587 9; repealed by 1959 c.411 2 (475.615 enacted in lieu of 475.610)]
- 475.615 [1959 c.411 3 (enacted in lieu of 475.610); repealed by 1977 c.745 54]
- 475.620 [1955 c.573 3; 1957 c.587 10; repealed by 1959 c.411 4 (475.625 enacted in lieu of 475.620)]
- 475.625 [1959 c.411 5 (enacted in lieu of 475.620); 1963 c.137 2; 1969 c.310 2; repealed by 1971 c.743 432]
- 475.630 [1955 c.573 4; repealed by 1959 c.411 6 (475.655 enacted in lieu of 475.630)]
- 475.635 [1959 c.411 11 (enacted in lieu of 475.650); 1969 c.310 3; repealed by 1971 c.743 432]
- 475.640 [1955 c.573 5; repealed by 1959 c.411 8 (475.665 enacted in lieu of 475.640)]
- 475.645 [1959 c.411 21 (enacted in lieu of 475.700); 1969 c.391 15; 1971 c.743 380; 1973 c.697 20; 1977 c.745 41; repealed by 1977 c.871 29]
- 475.650 [1955 c.573 6; repealed by 1959 c.411 10 (475.635 enacted in lieu of 475.650)]
- 475.655 [1959 c.411 7 (enacted in lieu of 475.630); 1963 c.137 3; 1971 c.743 381; repealed by 1973 c.697 21]
- 475.660 [1955 c.573 7; repealed by 1959 c.411 12 (475.675 enacted in lieu of 475.660)]
- 475.665 [1959 c.411 9 (enacted in lieu of 475.640); 1971 c.743 382; 1973 c.697 17; 1977 c.745 42; repealed by 1977 c.871 29]
- 475.670 [1955 c.573 8; repealed by 1959 c.411 14 (475.705 enacted in lieu of 475.670)]
- 475.675 [1959 c.411 13 (enacted in lieu of 475.660); 1969 c.638 2; 1973 c.697 18; repealed by 1977 c.871 29]
- 475.680 [1955 c.573 9,13; repealed by 1959 c.411 16 (475.685 enacted in lieu of 475.680)]
- 475.685 [1959 c.411 17 (enacted in lieu of 475.680); 1973 c.697 15; repealed by 1977 c.871 29]
- 475.690 [1955 c.573 9; repealed by 1959 c.411 18 (475.695 enacted in lieu of 475.690)]
- 475.695 [1959 c.411 19 (enacted in lieu of 475.690); 1973 c.697 16; 1977 c.745 48; repealed by 1977 c.871 29]
- 475.700 [1955 c.573 10; repealed by 1959 c.411 20 (475.645 enacted in lieu of 475.700)]
- 475.705 [1959 c.411 15 (enacted in lieu of 475.670); 1969 c.638 3; 1973 c.697 19; 1977 c.745 49; repealed by 1977 c.871 29]
- 475.710 [1955 c.573 11; repealed by 1959 c.411 22]
- 475.715 [1969 c.442 1; renumbered 430.560]
- 475.720 [1955 c.573 12; repealed by 1959 c.411 22]
- 475.725 [1969 c.442 2; renumbered 430.565]
- 475.730 [1955 c.573 13; repealed by 1959 c.411 22]
- 475.732 [1973 c.697 12; repealed by 1977 c.745 54 and 1977 c.871 29]
- 475.740 [1955 c.573 1; repealed by 1959 c.411 22]
- 475.742 [1973 c.697 14; repealed by 1977 c.871 29]
- 475.744 Providing hypodermic device to minor prohibited; exception.
- 475.750 [1955 c.573 3; repealed by 1959 c.411 22] PENALTIES
- 475.752 Prohibited acts generally; penalties; affirmative defense for certain peyote uses; causing death by Schedule IV substance.
- 475.754 Affirmative defense to unlawfully possessing pseudoephedrine.
- Note: 475.754 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 475.805 [1983 c.738 1; renumbered 475.744 in 2011]
- 475.806 Unlawful manufacture of hydrocodone.
- 475.808 Unlawful manufacture of hydrocodone within 1,000 feet of school.
- 475.810 Unlawful delivery of hydrocodone.
- 475.812 Unlawful delivery of hydrocodone within 1,000 feet of school.
- 475.814 Unlawful possession of hydrocodone.
- 475.816 Unlawful manufacture of methadone.
- 475.818 Unlawful manufacture of methadone within 1,000 feet of school.
- 475.820 Unlawful delivery of methadone.
- 475.822 Unlawful delivery of methadone within 1,000 feet of school.
- 475.824 Unlawful possession of methadone.
- 475.826 Unlawful manufacture of oxycodone.
- 475.828 Unlawful manufacture of oxycodone within 1,000 feet of school.
- 475.830 Unlawful delivery of oxycodone.
- 475.832 Unlawful delivery of oxycodone within 1,000 feet of school.
- 475.834 Unlawful possession of oxycodone.
- 475.840 [Formerly 475.992; 2009 c.898 1; renumbered 475.752 in 2011]
- 475.843 [2005 c.706 13a; renumbered 475.754 in 2011]
- 475.846 Unlawful manufacture of heroin.
- 475.848 Unlawful manufacture of heroin within 1,000 feet of school.
- 475.850 Unlawful delivery of heroin.
- 475.852 Unlawful delivery of heroin within 1,000 feet of school.
- 475.854 Unlawful possession of heroin.
- 475.856 Unlawful manufacture of marijuana.
- 475.858 Unlawful manufacture of marijuana within 1,000 feet of school.
- 475.860 Unlawful delivery of marijuana.
- 475.862 Unlawful delivery of marijuana within 1,000 feet of school.
- 475.864 Unlawful possession of marijuana.
- 475.866 Unlawful manufacture of 3,4-methylenedioxymethamphetamine.
- 475.868 Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school.
- 475.870 Unlawful delivery of 3,4-methylenedioxymethamphetamine.
- 475.872 Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school.
- 475.874 Unlawful possession of 3,4-methylenedioxymethamphetamine.
- 475.876 Unlawful manufacture of cocaine.
- 475.878 Unlawful manufacture of cocaine within 1,000 feet of school.
- 475.880 Unlawful delivery of cocaine.
- 475.882 Unlawful delivery of cocaine within 1,000 feet of school.
- 475.884 Unlawful possession of cocaine.
- 475.886 Unlawful manufacture of methamphetamine.
- 475.888 Unlawful manufacture of methamphetamine within 1,000 feet of school.
- 475.890 Unlawful delivery of methamphetamine.
- 475.892 Unlawful delivery of methamphetamine within 1,000 feet of school.
- 475.894 Unlawful possession of methamphetamine.
- 475.900 Crime category classification; proof of commercial drug offense.
- 475.902 Directives to Oregon Criminal Justice Commission.
- 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.
- 475.906 Penalties for unlawful delivery to minors.
- 475.907 Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors.
- Note: 475.907, 475.924 and 475.925 were enacted into law but were not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
- 475.908 Causing another person to ingest a controlled substance.
- 475.910 Application of controlled substance to the body of another person; prohibition.
- 475.912 Unlawful delivery of imitation controlled substance.
- 475.914 Prohibited acts for registrants; penalties.
- 475.916 Prohibited acts involving records and fraud; penalties.
- 475.918 Falsifying drug test results.
- 475.920 Providing drug test falsification equipment.
- 475.924 Definitions for ORS 164.061, 475.907, 475.924 and 475.925.
- Note: See note under 475.907.
- 475.925 Sentences for certain controlled substance offenses.
- Note: See note under 475.907.
- 475.930 Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925.
- Note: 475.930 was enacted into law but was not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
- 475.933 Sentencing of persons with previous conviction for controlled substance offense.
- Note: 475.933 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
- 475.935 Presumptive sentences for certain methamphetamine offenses.
- Note 1:
- Note 2:
- 475.935 . (1) Except as provided in ORS 475.900, 475.907 or 475.925, when a court sentences a person convicted of: (a) Manufacture of methamphetamine under ORS 475.886 or 475.888, the court may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure of more than one-half of the presumptive prison sentence under the rules of the Oregon Criminal Justice Commission if the person has a previous conviction for: (A) Delivery or manufacture of methamphetamine under ORS 475.840, 475.886 or 475.890; (B) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or 475.904; or (C) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967. (b) Delivery of methamphetamine under ORS 475.890 or 475.892, the court may not impose a sentence of optional probation or grant a downward dispositional departure under the rules of the Oregon Criminal Justice Commission if: (A) The delivery involved a substantial quantity of methamphetamine as described in ORS 475.900; and (B) The person has a previous conviction for: (i) Delivery or manufacture of methamphetamine under ORS 475.840, 475.886 or 475.890; (ii) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or 475.904; or (iii) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967. (c) Delivery of methamphetamine under ORS 475.890 or 475.892, the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convictions for any combination of the following crimes: (A) Delivery or manufacture of methamphetamine under ORS 475.840, 475.886 or 475.890; (B) Delivery or manufacture of methamphetamine within 1,000 feet of a school under ORS 475.888, 475.892 or 475.904; or (C) Possession of a precursor substance with intent to manufacture a controlled substance under ORS 475.967. (2) The court may impose a sentence other than the sentence provided by subsection (1) of this section if the court imposes: (a) A longer term of incarceration that is otherwise required or authorized by law; or (b) An upward or downward durational departure sentence that is authorized by law or the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons unless otherwise noted in subsection (1) of this section. Unless otherwise authorized by law or rule of the Oregon Criminal Justice Commission, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) of this section. (3) As used in this section, previous conviction means: (a) Convictions occurring before, on or after August 16, 2005; and (b) Convictions entered in any other state or federal court for comparable offenses. (4)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode. (b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence. (5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.
- Note 3:
- 475.940 Precursor substances described.
- 475.945 Authority and duties of Department of State Police; rules.
- 475.947 Warning notice for precursor substance violation.
- 475.949 Injunctive relief for precursor substance violation.
- 475.950 Failure to report precursor substances transaction.
- 475.955 Failure to report missing precursor substances.
- 475.960 Illegally selling drug equipment.
- 475.962 Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance.
- 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.
- 475.967 Possession of precursor substance with intent to manufacture controlled substance.
- 475.969 Unlawful possession of phosphorus.
- 475.971 Unlawful possession of anhydrous ammonia.
- 475.973 Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine; records.
- 475.975 Unlawful possession of iodine in its elemental form; recording transfers; unlawful distribution of iodine in its elemental form.
- 475.976 Unlawful possession of iodine matrix; recording transfers; unlawful distribution of iodine matrix.
- 475.977 Possessing or disposing of methamphetamine manufacturing waste.
- 475.978 Methyl sulfonyl methane; transfers; records; rules.
- Note: Section 11, chapter 615, Oregon Laws 2001, provides:
- Sec. 11.
- 475.979 Unlawful possession of lithium metal or sodium metal.
- 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).
- 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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