Oregon Drug Laws

475.525
Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions

(1) It is unlawful for any person to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by ORS 475.005.

      (2) For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind 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 475.752 to 475.980. Drug paraphernalia includes, but is not limited to:

      (a) Kits marketed for use or designed for use in unlawfully planting, propagating, cultivating, growing or harvesting of any species of plant 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 Oregon, any political subdivision of the state, or any official or agency of the state or its political subdivisions may bring an action to enforce ORS 475.525 to 475.565. The court shall award costs and reasonable attorney fees to the prevailing party in any such action. [1989 c.1077 §2]

475.545
Order of forfeiture of paraphernalia; effect

If, at the trial or upon a hearing, the trier of fact finds any item received into evidence at the trial or hearing to be drug paraphernalia, the court may order the item forfeited upon motion of the district attorney. The drug paraphernalia may then be destroyed or, if the paraphernalia is of substantial value and is not contraband, may be sold, the proceeds to be deposited in the Common School Fund. [1989 c.1077 §3]

475.555
Seizure of drug paraphernalia

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

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

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

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

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

475.565
Civil penalty for violation of ORS 475.525

(1) In addition to any other penalty provided by law:

      (a) A person who violates ORS 475.525 shall incur a civil penalty in an amount of at least $2,000 and not more than $10,000; and

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

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

475.744
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. [Formerly 475.805]

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

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

      (a) A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise provided in ORS 475.886 and 475.890.

      (b) A controlled substance in Schedule II, is guilty of a Class B felony, except as otherwise provided in ORS 475.858, 475.860, 475.862, 475.878, 475.880, 475.882, 475.904 and 475.906.

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

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

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

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

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

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

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

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

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

      (3) It is unlawful for any person knowingly or intentionally to possess a controlled substance unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Any person who violates this subsection with respect to:

      (a) A controlled substance in Schedule I, is guilty of a Class B felony, except as otherwise provided in ORS 475.894.

      (b) A controlled substance in Schedule II, is guilty of a Class C felony, except as otherwise provided in ORS 475.864.

      (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.

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

      (b) For purposes of this subsection, causation is established when the controlled substance plays a substantial role in the death of the other person. [Formerly 475.840; 2013 c.591 §3]

475.754
Affirmative defense to unlawfully possessing pseudoephedrine

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

      (1) Obtained the pseudoephedrine lawfully;

      (2) Possessed no more than six grams of pseudoephedrine, the salts, isomers or salts of isomers of pseudoephedrine or a combination of any of these substances; and

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

475.806
Unlawful manufacture of hydrocodone

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture hydrocodone.

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

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture hydrocodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.810
Unlawful delivery of hydrocodone

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver hydrocodone.

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

(3) Notwithstanding subsection (2) of this section, unlawful delivery of hydrocodone is a Class B felony if the delivery is to a person under 18 years of age. [2011 c.524 §13]

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver hydrocodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.814
Unlawful possession of hydrocodone

(1) It is unlawful for any person knowingly or intentionally to possess hydrocodone unless the hydrocodone was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

(2) Unlawful possession of hydrocodone is a Class A misdemeanor. [2011 c.524 §15]

475.816
Unlawful manufacture of methadone

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methadone.

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

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methadone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.820
Unlawful delivery of methadone

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methadone.

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

(3) Notwithstanding subsection (2) of this section, unlawful delivery of methadone is a Class A felony if the delivery is to a person under 18 years of age. [2011 c.524 §18]

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methadone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.824
Unlawful possession of methadone

(1) It is unlawful for any person knowingly or intentionally to possess methadone unless the methadone was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

(2) Unlawful possession of methadone is a Class C felony. [2011 c.524 §20]

475.826
Unlawful manufacture of oxycodone

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture oxycodone.

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

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture oxycodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.830
Unlawful delivery of oxycodone

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver oxycodone.

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

(3) Notwithstanding subsection (2) of this section, unlawful delivery of oxycodone is a Class A felony if the delivery is to a person under 18 years of age. [2011 c.524 §8]

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver oxycodone within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.834
Unlawful possession of oxycodone

(1) It is unlawful for any person knowingly or intentionally to possess oxycodone unless the oxycodone was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

(2) Unlawful possession of oxycodone is a Class C felony. [2011 c.524 §10]

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 B felony. [2005 c.708 §29; 2013 c.591 §1]

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:

      (a) Class B felony if the delivery is for consideration.

      (b) Class C felony if the delivery is for no 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 a specific fine violation. The presumptive fine for a violation under this paragraph is $650.

(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; 2009 c.610 §1; 2011 c.597 §88]

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 or marijuana product

(1) As used in this section:

      (a) “Marijuana” means the leaves, stems and flowers of the plant Cannabis family Moraceae.

      (b) “Marijuana product” has the meaning given the term “marijuana” in ORS 475.005 (16), but does not include the leaves, stems and flowers of the plant Cannabis family Moraceae.

(2) It is unlawful for any person knowingly or intentionally to possess marijuana or marijuana product.

(3)(a) Unlawful possession of four avoirdupois ounces or more of marijuana is a Class C felony.

      (b) Unlawful possession of one avoirdupois ounce of marijuana or more, but less than four avoirdupois ounces, is a Class B misdemeanor.

      (c) Unlawful possession of less than one avoirdupois ounce of marijuana is a specific fine violation. The presumptive fine for a violation under this paragraph is $650.

(4)(a) Unlawful possession of one-quarter avoirdupois ounce or more of marijuana product is a Class C felony.

      (b) Unlawful possession of less than one-quarter avoirdupois ounce of marijuana product is a Class B misdemeanor. [2005 c.708 §33; 2011 c.597 §89; 2013 c.591 §2]

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-methylenedi- oxymethamphetamine is a Class A felony. [2005 c.708 §36]

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

(1) It is unlawful for any person to deliver 3,4-methylenedioxymethamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

(2) Unlawful delivery of 3,4-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-methylenedioxymethamphetamine.

(2) Unlawful possession of 3,4-methylenedioxymethamphetamine 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 475.752 to 475.980, it is unlawful for any person to manufacture cocaine.

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

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.880
Unlawful delivery of cocaine

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver cocaine.

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

(3) Notwithstanding subsection (2) of this section, unlawful delivery of cocaine is a Class A felony if the delivery is to a person under 18 years of age. [2005 c.708 §21]

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

475.884
Unlawful possession of cocaine

(1) It is unlawful for any person knowingly or intentionally to possess cocaine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

(2) 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 475.752 to 475.980, it is unlawful for any person to manufacture methamphetamine.

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

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

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture methamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

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

475.890
Unlawful delivery of methamphetamine

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine.

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

(3) Notwithstanding subsection (2) of this section, unlawful delivery of methamphetamine is a Class A felony if the delivery is to a person under 18 years of age.

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

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

(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver methamphetamine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

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

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

475.894
Unlawful possession of methamphetamine

(1) It is unlawful for any person knowingly or intentionally to possess methamphetamine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.

(2) 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 475.752, 475.806 to 475.894, 475.904 or 475.906 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:

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

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

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

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

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

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

      (vi) 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, 475.862, 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 a violation of ORS 475.906 (1) or (2) that is not described in ORS 475.907.

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

      (a) The violation constitutes delivery of heroin, cocaine, 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) Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

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

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

      (i) 3,4-methylenedioxyamphetamine;

      (ii) 3,4-methylenedioxymethamphetamine; or

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

(3) Any felony violation of ORS 475.752 or 475.806 to 475.894 not contained in subsection (1) or (2) of this section shall be classified as:

      (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; 2013 c.649 §1]

475.900
violations

(1) A violation of ORS 475.752, 475.806 to 475.894, 475.904 or 475.906 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:

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

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

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

      (a) The violation constitutes delivery of heroin, cocaine, methamphetamine or 3,4-methylenedioxyamphetamine, 3,4-methyl-enedioxymethamphetamine 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 475.752 or 475.806 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.

 

Note 2: Section 2, chapter 649, Oregon Laws 2013, provides:

      Sec. 2. (1) The amendments to ORS 475.900 by section 1 of this 2013 Act apply to sentences imposed on or after August 1, 2013.

(2) Notwithstanding subsection (1) of this section, the amendments to ORS 475.900 by section 1 of this 2013 Act do not apply to persons who were originally sentenced before August 1, 2013, and who are subsequently resentenced on or after August 1, 2013, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2013 c.649 §2]

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 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

(2) Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school is a Class A felony, except as otherwise provided in ORS 475.860. [Formerly 475.999]

475.906
Penalties for unlawful delivery to minors

Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to deliver a controlled substance to a person under 18 years of age. Any person who violates this section with respect to:

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

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

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

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

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

(1) When a person is convicted of the unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to a person under 18 years of age, the court shall sentence the person to a term of incarceration ranging from 34 months to 72 months, depending on the person’s criminal history.

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

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 475.752 to 475.980, it is unlawful for any person to intentionally apply a controlled substance to the body of another person by injection, inhalation, ingestion or any other means if the other person is under 18 years of age. A person who violates this section with respect to:

      (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]

475.924
Definitions for ORS 164.061, 475.907, 475.924 and 475.925

As used in ORS 164.061, 475.907, 475.924 and 475.925:

(1) “Controlled substance” means:

      (a) Cocaine;

      (b) Methamphetamine;

      (c) Heroin; or

      (d) Ecstasy.

(2) “Ecstasy” means:

      (a) 3,4-methylenedioxymethamphetamine;

      (b) 3,4-methylenedioxyamphetamine; or

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

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

475.925
Sentences for certain controlled substance offenses

When a person is convicted of the unlawful delivery or manufacture of a controlled substance, the court shall sentence the person to a term of incarceration ranging from:

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

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

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

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

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

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

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

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

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

      (d) 50 grams or more or 250 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of ecstasy. [2008 c.14 §2]

475.933
Sentencing

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

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

      (a) Manufacture or delivery of a controlled substance, other than marijuana, under ORS 475.752 (1);

      (b) Creation or delivery of a counterfeit substance, other than marijuana, under ORS 475.752 (2);

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

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

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

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

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

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

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

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

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

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

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

      (a) Convictions occurring before, on or after July 1, 2009; and

      (b) Convictions entered in any other state or federal court for comparable offenses.

 

      Note 2: Section 10, chapter 649, Oregon Laws 2013, provides:

      Sec. 10. (1) The repeal of ORS 475.933 by section 9 of this 2013 Act applies to sentences imposed on or after August 1, 2013.

(2) Notwithstanding subsection (1) of this section, the repeal of ORS 475.933 by section 9 of this 2013 Act does not apply to persons who were originally sentenced before August 1, 2013, and who are subsequently resentenced on or after August 1, 2013, as the result of an appellate decision or a post-conviction relief proceeding or for any other reason. [2013 c.649 §10]

475.934
Sentencing of persons with previous conviction for controlled substance offense

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

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

      (a) Manufacture or delivery of a controlled substance, other than marijuana, under ORS 475.752 (1);

      (b) Creation or delivery of a counterfeit substance, other than marijuana, under ORS 475.752 (2);

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

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

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

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

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

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

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

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

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

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

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

      Note: 475.934 becomes operative July 1, 2023, and applies to crimes committed on or after July 1, 2023. See section 12, chapter 649, Oregon Laws 2013. 

      Note: 475.934 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

475.935
Presumptive sentences for certain methamphetamine offenses

(1) Except as provided in ORS 475.900, 475.907 or 475.925, when the court sentences a person convicted of delivery of methamphetamine under ORS 475.890 or 475.892, the presumptive sentence is 19 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has two or more previous convictions for any combination of the following crimes:

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

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

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

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

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

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

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

      (a) Convictions occurring before, on or after August 16, 2005; and

      (b) Convictions entered in any other state or federal court for comparable offenses.

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

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

(5) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079. [Formerly 137.721] 

      Note 1: The amendments to 475.935 [formerly 137.721] by section 16, chapter 660, Oregon Laws 2009, became operative January 1, 2012, and apply to sentences imposed for crimes committed on or after January 1, 2012. See section 48 (4) [renumbered to (3) by amendment in 2011], chapter 660, Oregon Laws 2009, as amended by section 5, chapter 2, Oregon Laws 2010, and section 3, chapter 596, Oregon Laws 2011. See also section 49 (5), chapter 660, Oregon Laws 2009, as amended by section 6, chapter 2, Oregon Laws 2010, section 2, chapter 498, Oregon Laws 2011, section 4, chapter 596, Oregon Laws 2011, and section 2, chapter 67, Oregon Laws 2013. 

      Note 2: The amendments to 475.935 [formerly 137.721] by section 15, chapter 660, Oregon Laws 2009, were operative from February 15, 2010, until January 1, 2012, and apply to sentences imposed on or after February 15, 2010, for crimes committed on or after January 1, 2009, and before January 1, 2012. See section 48 (3) [renumbered to (2) by amendment in 2011], chapter 660, Oregon Laws 2009, as amended by section 5, chapter 2, Oregon Laws 2010, and section 3, chapter 596, Oregon Laws 2011. See also section 49 (4), chapter 660, Oregon Laws 2009, as amended by section 6, chapter 2, Oregon Laws 2010, section 2, chapter 498, Oregon Laws 2011, section 4, chapter 596, Oregon Laws 2011, and section 2, chapter 67, Oregon Laws 2013. The text that was operative until January 1, 2012, is set forth for the user’s convenience.

475.935
Sentencing

(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: 475.935 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

475.940
Precursor substances described

As used in ORS 475.752 to 475.980:

      (1) “Iodine matrix” means iodine at a concentration greater than two percent by weight in a matrix or solution.

      (2) “Matrix” means something, as a substance, in which something else originates, develops, or is contained.

      (3) “Precursor substance” means:

      (a) Phenyl-2-propanone.

      (b) Methylamine.

      (c) D-lysergic acid.

      (d) Ergotamine.

      (e) Diethyl Malonate.

      (f) Malonic acid.

      (g) Ethyl Malonate.

      (h) Barbituric acid.

      (i) Piperidine.

      (j) N-acetylanthranilic acid.

      (k) Ethylamine.

      (L) Pyrolidine.

      (m) Phenylacetic acid.

      (n) Anthranilic acid.

      (o) Morpholine.

      (p) Ephedrine.

      (q) Pseudoephedrine.

      (r) Norpseudoephedrine.

      (s) Phenylpropanolamine.

      (t) Benzyl cyanide.

      (u) Ergonovine.

      (v) 3,4-Methylenedioxyphenyl-2-propanone.

      (w) Propionic anhydride.

      (x) Insosafrole (Isosafrole).

      (y) Safrole.

      (z) Piperonal.

      (aa) N-methylephedrine.

      (bb) N-ethylephedrine.

      (cc) N-methylpseudoephedrine.

      (dd) N-ethylpseudoephedrine.

      (ee) Hydriotic acid.

      (ff) Gamma butyrolactone (GBL), including butyrolactone, 1,2-butanolide, 2-oxanol-one, tetrahydro-2-furanone, dihydro-2(3H)-furanone and tetramethylene glycol, but not including gamma aminobutyric acid (GABA).

      (gg) 1,4-butanediol.

      (hh) Any salt, isomer or salt of an isomer of the chemicals listed in paragraphs (a) to (gg) of this subsection.

      (ii) Iodine in its elemental form.

      (jj) Iodine matrix.

      (kk) Red phosphorus, white phosphorus, yellow phosphorus or hypophosphorus acid and its salts.

      (LL) Anhydrous ammonia.

      (mm) Lithium metal.

      (nn) Sodium metal.

      (oo) Any substance established as a precursor substance by rule under authority granted in ORS 475.945. [1987 c.657 §§3,3a; 2001 c.615 §1; 2003 c.448 §1; 2005 c.706 §17]

475.967
Possession of precursor substance with intent to manufacture controlled substance

(1) A person commits the crime of possession of a precursor substance with intent to manufacture a controlled substance if the person possesses one or more precursor substances with the intent to manufacture a controlled substance in violation of ORS 475.752 (1), 475.806, 475.808, 475.816, 475.818, 475.826, 475.828, 475.846, 475.848, 475.866, 475.868, 475.876, 475.878, 475.886 or 475.888.

(2) Possession of a precursor substance with intent to manufacture a controlled substance is a Class B felony. [2001 c.615 §10; 2005 c.708 §58; 2011 c.524 §22]

475.969
Unlawful possession of phosphorus

(1) Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of phosphorus if the person knowingly possesses any amount of phosphorus.

(2) Subsection (1) of this section does not apply to:

      (a) A person who is conducting a licensed business that involves phosphorus in the manufacture of:

      (A) The striking surface used for lighting matches;

      (B) Flame retardant polymers; or

      (C) Fireworks if the person possesses a federal license to manufacture explosives;

      (b) A person who possesses phosphorus in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

      (A) Regularly established public or private secondary school; or

      (B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education;

      (c) A retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons, who possesses phosphorus in the regular course of lawful business activities;

      (d) The possession of phosphorus as a component of a commercially produced product including, but not limited to, matchbooks, fireworks and emergency flares; or

      (e) A person who possesses phosphorus in a chemical compound in the regular course of a lawful agricultural activity.

(3) Unlawful possession of phosphorus is a Class A misdemeanor. [2001 c.615 §4]

475.971
Unlawful possession of anhydrous ammonia

(1) A person commits the crime of unlawful possession of anhydrous ammonia if the person knowingly possesses anhydrous ammonia in a container that is not approved by the United States Department of Transportation to hold anhydrous ammonia nor constructed to meet state and federal health and safety standards to hold anhydrous ammonia.

(2) Unlawful possession of anhydrous ammonia is a Class A misdemeanor.

(3) This section does not apply to a person who possesses anhydrous ammonia as part of a cleanup, as defined in ORS 466.605, of anhydrous ammonia by the Department of Environmental Quality under ORS 466.610. [2001 c.615 §5]

475.977
Possessing or disposing of methamphetamine manufacturing waste

(1) As used in this section:

      (a) “Dispose of” means to discharge, deposit, inject, spill, leak or place methamphetamine manufacturing waste into or onto land or water.

      (b) “Methamphetamine manufacturing waste” means chemical waste or debris, used in or resulting from the manufacture of methamphetamine or the grinding, soaking or otherwise breaking down of a precursor substance for the manufacture of methamphetamine.

(2) A person commits the crime of possessing or disposing of methamphetamine manufacturing waste if the person:

      (a) Knowingly possesses methamphetamine manufacturing waste; or

      (b) Knowingly disposes of methamphetamine manufacturing waste.

(3) Subsection (2) of this section does not apply to the possession or disposal of methamphetamine manufacturing waste if:

      (a) The person was storing, treating or disposing of the waste pursuant to state or federal laws regulating the cleanup or disposal of waste products from unlawful methamphetamine manufacturing;

      (b) The person has notified a law enforcement agency of the existence of the waste; or

      (c) The person possesses or disposes of waste that had previously been disposed of by another person on the person’s property in violation of subsection (2) of this section.

(4) Possessing or disposing of methamphetamine manufacturing waste is a Class C felony. [2005 c.706 §6]