Chapter 475 —
Controlled Substances;
Illegal Drug
Cleanup; Paraphernalia; Precursors
2007 EDITION
CONTROLLED SUBSTANCES; CLEANUP
LIQUOR; DRUGS
UNIFORM CONTROLLED SUBSTANCES ACT
(Generally)
475.005 Definitions
for ORS 475.005 to 475.285 and 475.840 to 475.980
475.035 Authority
to control schedule; rules
475.045 Exclusions
475.055 Publishing
of schedules
475.095 Rules;
fees
475.101 Immunity
for reporting violation
(Registration)
475.125 Registration
requirements
475.135 Grounds
to grant or deny registration; scope of registration; effect of federal
registration
475.145 Revocation
and suspension of registration
475.155 Order
to show cause
475.165 Records
of registrants
(Records)
475.175 When
order forms required
475.185 When
prescriptions required
475.188 Prescription
drug orders; electronic transmission
475.190 Exception
to prescription requirement; rules
(Miscellaneous)
475.215 Cooperative
arrangements
475.225 Education
and research
(Enforcement)
475.235 Burden
of proof; status of analysis of controlled substance; notice of objection
475.245 Conditional
discharge
475.255 Status
of penalties
475.265 When
prosecution barred
(Interpretation; Title)
475.275 Uniformity
of interpretation
475.285 Short
title
475.300 Findings
475.302 Definitions
for ORS 475.300 to 475.346
475.303 Advisory
Committee on Medical Marijuana
475.304 Marijuana
grow site registration system; rules
475.306 Medical
use of marijuana; rules
475.309 Registry
identification card; issuance; eligibility; duties of cardholder; immunity
475.312 Designated
primary caregiver
475.316 Limitations
on cardholder’s immunity from criminal laws involving marijuana
475.319 Affirmative
defense to certain criminal laws involving marijuana; notice
475.320 Limits
on amounts possessed
475.323 Effect
of possession of registry identification card or designated primary caregiver
card on search and seizure rights
475.324 Limits
on confiscation of marijuana
475.326 Attending
physician; limitation on civil liability and professional discipline
475.328 Limits
on professional licensing board’s authority to sanction licensee for medical
use of marijuana; authorizes licensed health care professional to administer
medical marijuana
475.331 List
of persons issued registry identification cards, designated primary caregivers
and authorized grow sites; disclosure
475.334 Adding
diseases or conditions that qualify as debilitating medical conditions; rules
475.338 Rules
475.340 Limitations
on reimbursement of costs and employer accommodation
475.342 Limitations
on protection from criminal liability
475.346 Short
title
ILLEGAL DRUG CLEANUP
475.405 Definitions
for ORS 475.405 to 475.495
475.415 Request
for cleanup
475.425 Environmental
Quality Commission rules; designation of chemicals
475.435 Authority
of director
475.445 Site
entry; purposes
475.455 Liability
of certain persons for cleanup costs
475.465 Liability
of state for cleanup
475.475 Department
record of costs; collection of costs
475.485 Costs
and penalties as lien; enforcement of lien
475.495 Illegal
Drug Cleanup Fund; sources; uses
DRUG PARAPHERNALIA
475.525
475.535 Action
to enforce ORS 475.525 to 475.565
475.545 Order
of forfeiture of paraphernalia; effect
475.555 Seizure
of drug paraphernalia
475.565 Civil
penalty for violation of ORS 475.525
HYPODERMIC DEVICES
475.805 Providing
hypodermic device to minor prohibited; exception
PENALTIES
475.840 Prohibited
acts generally; penalties; affirmative defense for certain peyote uses
475.843 Affirmative
defense to unlawfully possessing pseudoephedrine
475.846 Unlawful
manufacture of heroin
475.848 Unlawful
manufacture of heroin within 1,000 feet of school
475.850 Unlawful
delivery of heroin
475.852 Unlawful
delivery of heroin within 1,000 feet of school
475.854 Unlawful
possession of heroin
475.856 Unlawful
manufacture of marijuana
475.858 Unlawful
manufacture of marijuana within 1,000 feet of school
475.860 Unlawful
delivery of marijuana
475.862 Unlawful
delivery of marijuana within 1,000 feet of school
475.864 Unlawful
possession of marijuana
475.866 Unlawful
manufacture of 3,4-methylene- dioxymethamphetamine
475.868 Unlawful
manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school
475.870 Unlawful
delivery of 3,4-methylenedioxy- methamphetamine
475.872 Unlawful
delivery of 3,4-methylenedioxy- methamphetamine within 1,000 feet of
school
475.874 Unlawful
possession of 3,4-methylenedioxymethamphetamine
475.876 Unlawful
manufacture of cocaine
475.878 Unlawful
manufacture of cocaine within 1,000 feet of school
475.880 Unlawful
delivery of cocaine
475.882 Unlawful
delivery of cocaine within 1,000 feet of school
475.884 Unlawful
possession of cocaine
475.886 Unlawful
manufacture of methamphetamine
475.888 Unlawful
manufacture of methamphetamine within 1,000 feet of school
475.890 Unlawful
delivery of methamphetamine
475.892 Unlawful
delivery of methamphetamine within 1,000 feet of school
475.894 Unlawful
possession of methamphetamine
475.900 Crime
category classification; proof of commercial drug offense
475.902 Directives
to
475.904 Unlawful
manufacture or delivery of controlled substance within 1,000 feet of school
475.906 Penalties
for distribution to minors
475.908 Causing
another person to ingest a controlled substance
475.910 Application
of controlled substance to the body of another person; prohibition
475.912 Unlawful
delivery of imitation controlled substance
475.914 Prohibited
acts for registrants; penalties
475.916 Prohibited
acts involving records and fraud; penalties
475.918 Falsifying
drug test results
475.920 Providing
drug test falsification equipment
PRECURSOR SUBSTANCES
475.940 Precursor
substances described
475.945 Authority
and duties of Department of State Police; rules
475.947 Warning
notice for precursor substance violation
475.949 Injunctive
relief for precursor substance violation
475.950 Failure
to report precursor substances transaction
475.955 Failure
to report missing precursor substances
475.960 Illegally
selling drug equipment
475.962 Distribution
of equipment, solvent, reagent or precursor substance with intent to facilitate
manufacture of controlled substance
475.965 Providing
false information on precursor substances report or record
475.967 Possession
of precursor substance with intent to manufacture controlled substance
475.969 Unlawful
possession of phosphorus
475.971 Unlawful
possession of anhydrous ammonia
475.973 Rulemaking
authority regarding products containing ephedrine, pseudoephedrine and
phenylpropanolamine; records
475.975 Unlawful
possession of iodine in its elemental form; recording transfers; unlawful
distribution of iodine in its elemental form
475.976 Unlawful
possession of iodine matrix; recording transfers; unlawful distribution of
iodine matrix
475.977 Possessing
or disposing of methamphetamine manufacturing waste
475.978 Methyl
sulfonyl methane; transfers; records; rules
475.979 Unlawful
possession of lithium metal or sodium metal
475.980 Affirmative
defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)
UNIFORM CONTROLLED SUBSTANCES ACT
(Generally)
475.005
Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980. As used in ORS 475.005 to 475.285 and
475.840 to 475.980, unless the context requires otherwise:
(1) “Abuse” means the repetitive excessive
use of a drug short of dependence, without legal or medical supervision, which
may have a detrimental effect on the individual or society.
(2) “Administer” means the direct
application of a controlled substance, whether by injection, inhalation,
ingestion or any other means, to the body of a patient or research subject by:
(a) A practitioner or an authorized agent
thereof; or
(b) The patient or research subject at the
direction of the practitioner.
(3) “Administration” means the Drug
Enforcement Administration of the United States Department of Justice, or its
successor agency.
(4) “Agent” means an authorized person who
acts on behalf of or at the direction of a manufacturer, distributor or
dispenser. It does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
(5) “Board” means the State Board of
Pharmacy.
(6) “Controlled substance” means a drug or
its immediate precursor classified in Schedules I through V under the federal
Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035.
The use of the term “precursor” in this subsection does not control and is not
controlled by the use of the term “precursor” in ORS 475.840 to 475.980.
(7) “Counterfeit substance” means a
controlled substance or its container or labeling, which, without
authorization, bears the trademark, trade name, or other identifying mark,
imprint, number or device, or any likeness thereof, of a manufacturer,
distributor or dispenser other than the person who in fact manufactured,
delivered or dispensed the substance.
(8) “Deliver” or “delivery” means the
actual, constructive or attempted transfer, other than by administering or
dispensing, from one person to another of a controlled substance, whether or
not there is an agency relationship.
(9) “Device” means instruments, apparatus
or contrivances, including their components, parts or accessories, intended:
(a) For use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or animals; or
(b) To affect the structure of any
function of the body of humans or animals.
(10) “Dispense” means to deliver a
controlled substance to an ultimate user or research subject by or pursuant to
the lawful order of a practitioner, and includes the prescribing,
administering, packaging, labeling or compounding necessary to prepare the
substance for that delivery.
(11) “Dispenser” means a practitioner who
dispenses.
(12) “Distributor” means a person who
delivers.
(13) “Drug” means:
(a) Substances recognized as drugs in the
official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States or official National Formulary, or any supplement to any of them;
(b) Substances intended for use in the
diagnosis, cure, mitigation, treatment or prevention of disease in humans or
animals;
(c) Substances (other than food) intended
to affect the structure or any function of the body of humans or animals; and
(d) Substances intended for use as a
component of any article specified in paragraph (a), (b) or (c) of this
subsection; however, the term does not include devices or their components,
parts or accessories.
(14) “Electronically transmitted” or “electronic
transmission” means a communication sent or received through technological
apparatuses, including computer terminals or other equipment or mechanisms
linked by telephone or microwave relays, or any similar apparatus having
electrical, digital, magnetic, wireless, optical, electromagnetic or similar
capabilities.
(15) “Manufacture” means the production,
preparation, propagation, compounding, conversion or processing of a controlled
substance, either directly or indirectly by extraction from substances of
natural origin, or independently by means of chemical synthesis, or by a
combination of extraction and chemical synthesis, and includes any packaging or
repackaging of the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of a controlled
substance:
(a) By a practitioner as an incident to
administering or dispensing of a controlled substance in the course of
professional practice; or
(b) By a practitioner, or by an authorized
agent under the practitioner’s supervision, for the purpose of, or as an
incident to, research, teaching or chemical analysis and not for sale.
(16) “Marijuana” means all parts of the
plant Cannabis family Moraceae, whether growing or not; the resin extracted
from any part of the plant; and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its resin. It does not include the
mature stalks of the plant, fiber produced from the stalks, oil or cake made
from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted
therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is
incapable of germination.
(17) “Person” includes a government
subdivision or agency, business trust, estate, trust or any other legal entity.
(18) “Practitioner” means physician,
dentist, veterinarian, scientific investigator, certified nurse practitioner,
physician assistant or other person licensed, registered or otherwise permitted
by law to dispense, conduct research with respect to or to administer a
controlled substance in the course of professional practice or research in this
state but does not include a pharmacist or a pharmacy.
(19) “Prescription” means a written, oral
or electronically transmitted direction, given by a practitioner for the
preparation and use of a drug. When the context requires, “prescription” also
means the drug prepared under such written, oral or electronically transmitted
direction. Any label affixed to a drug prepared under written, oral or
electronically transmitted direction shall prominently display a warning that
the removal thereof is prohibited by law.
(20) “Production” includes the
manufacture, planting, cultivation, growing or harvesting of a controlled
substance.
(21) “Research” means an activity
conducted by the person registered with the federal Drug Enforcement
Administration pursuant to a protocol approved by the United States Food and
Drug Administration.
(22) “Ultimate user” means a person who
lawfully possesses a controlled substance for the use of the person or for the
use of a member of the household of the person or for administering to an
animal owned by the person or by a member of the household of the person. [1977
c.745 §1; 1979 c.777 §49; 1979 c.785 §5; 1981 c.220 §1; 1981 c.666 §1; 1987
c.657 §8; 1995 c.440 §22; 2001 c.615 §15; 2001 c.623 §3]
475.010 [Amended by 1953 c.342 §3; 1957 c.587 §6;
1965 c.545 §1; 1971 c.743 §378; 1973 c.697 §9; 1974 c.67 §5; repealed by 1977
c.745 §54]
475.015 [1977 c.745 §3; 1979 c.777 §50; repealed by
1981 c.666 §11]
475.020 [Repealed by 1957 c.587 §12]
475.025 [1977 c.745 §4; repealed by 1981 c.666 §11]
475.030 [Repealed by 1957 c.587 §12]
475.035
Authority to control schedule; rules. (1) In arriving at any decision on changes in or addition to
classification when changes or additions are proposed by the federal Drug
Enforcement Administration or by any other reliable source, the State Board of
Pharmacy shall review the scientific knowledge available regarding the
substance, its pharmacological effects, patterns of use and misuse, and
potential consequences of abuse, and consider the judgment of individuals with
training and experience with the substance.
(2) Whenever the board determines that a
change in or an addition to the schedule of a controlled substance is
justified, the board by rule may order the change and fix the effective date
thereof.
(3) If a substance is an ingredient of a
controlled substance, the ingredient shall be considered to be in the same
schedule as that controlled substance. Substances which are precursors of the
ingredient shall not be subject to control solely because they are precursors
of the ingredient. The use of the term “precursor” in this subsection does not
control and is not controlled by the use of the term “precursor” in ORS 475.840
to 475.980.
(4) The board shall administer ORS 475.005
to 475.285 and 475.840 to 475.980 in accordance with ORS chapter 183.
(5) Authority to control under this
section does not extend to tobacco or to alcoholic beverages as defined in ORS
471.001. [1977 c.745 §5; 1981 c.666 §2; 1987 c.657 §9; 1995 c.301 §31; 1995 c.440
§23; 2001 c.615 §16]
475.040 [Repealed by 1957 c.587 §12]
475.045
Exclusions. The State Board
of Pharmacy shall exclude any nonnarcotic substance from a schedule if such
substance may, under the Federal Food, Drug, and Cosmetic Act and the law of
this state, be lawfully sold over the counter without a prescription. [1977
c.745 §7a]
475.050 [Repealed by 1957 c.587 §12]
475.055
Publishing of schedules. The
State Board of Pharmacy shall publish the classification of controlled
substances within 30 days following revision of any classification or
reclassification of a controlled substance. [1977 c.745 §6; 1981 c.666 §3]
475.060 [Repealed by 1957 c.587 §12]
475.070 [Amended by 1961 c.648 §12; repealed by 1971
c.743 §432]
475.075 [1977 c.745 §2; 1979 c.777 §51; repealed by
1981 c.666 §11]
475.080 [Repealed by 1959 c.411 §22]
475.085 [1977 c.745 §55; 1979 c.777 §52; repealed by
1981 c.666 §11]
475.090 [Amended by 1953 c.543 §3; 1957 c.587 §7;
repealed by 1971 c.743 §432]
475.095
Rules; fees. The State Board
of Pharmacy may adopt rules relating to fees and charge reasonable fees in
addition to any other fees required by statute or rule, relating to the
registration and control of the manufacture, delivery and dispensing of
controlled substances within this state. [1977 c.745 §7; 1981 c.666 §4]
475.100 [Amended by 1953 c.396 §2; 1957 c.587 §8;
1963 c.229 §1; 1965 c.15 §1; 1965 c.545 §2; 1971 c.743 §379; repealed by 1977
c.745 §54]
475.101
Immunity for reporting violation. A person who, in good faith, makes a report of a violation of ORS
475.840 to 475.980 and who has reasonable grounds for making the report is
immune from any civil or criminal liability that might otherwise be incurred or
imposed with respect to making the report or to the content of the report. The
person has the same immunity with respect to participating in a judicial
proceeding resulting from the report. [2005 c.706 §7]
Note: 475.101 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 475 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
475.110 [Amended by 1953 c.396 §2; 1965 c.545 §3;
1971 c.743 §379a; repealed by 1977 c.745 §54]
475.120 [Repealed by 1971 c.743 §432]
(Registration)
475.125
Registration requirements.
(1) Every person who manufactures, delivers or dispenses any controlled
substance within this state or who proposes to engage in the manufacture,
delivery or dispensing of any controlled substance within this state, must
obtain annually a registration issued by the State Board of Pharmacy in
accordance with its rules.
(2) Persons registered by the board under
ORS 475.005 to 475.285 and 475.840 to 475.980 to manufacture, deliver, dispense
or conduct research with controlled substances may possess, manufacture,
deliver, dispense or conduct research with those substances to the extent
authorized by their registration and in conformity with the other provisions of
ORS 475.045, 475.095 and 475.125 to 475.185 and other applicable laws of this
state.
(3) The following persons need not
register and may lawfully possess controlled substances under ORS 475.005 to
475.285 and 475.840 to 475.980:
(a) An agent or employee of any registered
manufacturer, distributor or dispenser of any controlled substance if the agent
or employee is acting in the usual course of business or employment.
(b) A common or contract carrier or
warehouseman, or an employee thereof, whose possession of any controlled
substance is in the usual course of business or employment.
(c) An ultimate user or a person in
possession of any controlled substance pursuant to a lawful order of a
practitioner or in lawful possession of a Schedule V substance, unless
otherwise prohibited.
(d) A practitioner otherwise licensed
under the laws of this state and authorized to dispense or administer a
controlled substance by the licensing authority.
(4) The board may waive by rule the
requirement for registration of certain manufacturers or dispensers if it finds
it consistent with the public health and safety.
(5) A separate registration is required at
each principal place of business or professional practice where the applicant
manufactures, delivers or dispenses controlled substances.
(6) The board may inspect the
establishment of a registrant or applicant for registration in accordance with
the rules of the board. [1977 c.745 §8; 1995 c.440 §24]
475.130 [Repealed by 1957 c.587 §12]
475.135
Grounds to grant or deny registration; scope of registration; effect of federal
registration. (1) The State
Board of Pharmacy shall register or renew the registration of an applicant to
manufacture or dispense controlled substances included in schedules under
procedures defined in ORS 475.035, unless it determines that the issuance of
that registration would be inconsistent with the public interest. In
determining the public interest, the board shall consider the following
factors:
(a) Failure to maintain effective controls
against diversion of controlled substances into other than legitimate medical,
scientific or industrial channels;
(b) Failure to comply with applicable
state or local laws;
(c) Any convictions of the applicant under
any federal or state laws relating to any controlled substance;
(d) Past experience in the manufacture,
delivery or dispensing of controlled substances and the existence in the
applicant’s establishment of effective controls against diversion;
(e) Furnishing by the applicant of false
or fraudulent material in any application filed under ORS 475.005 to 475.285
and 475.840 to 475.980;
(f) Suspension or revocation of the
applicant’s federal registration to manufacture, deliver or dispense controlled
substances as authorized by federal law; or
(g) Any other factors relevant to and
consistent with the public health and safety.
(2) Registration under subsection (1) of
this section does not entitle a registrant to manufacture, deliver or dispense
controlled substances in Schedule I or II other than those specified in the
registration.
(3) Practitioners must be registered to
conduct research with controlled substances in Schedules I through V if they
are authorized to conduct research under the law of this state. The board need
not require separate registration under ORS 475.045, 475.095 and 475.125 to
475.185 for practitioners engaging in research with controlled substances in
Schedules I through V where the registrant is already registered under ORS
475.045, 475.095 and 475.125 to 475.185 in another capacity. Persons with valid
registration from the Drug Enforcement Administration for research on
controlled substances may conduct research within this state in compliance with
other state law upon furnishing the board evidence of that federal
registration, and are exempt from state prosecution for possession and
distribution of controlled substances to the extent of the registration.
Registration under ORS 475.005 to 475.285 and 475.840 to 475.980 does not
exempt the registrant from compliance with any other relevant law of this state
or the
(4) Notwithstanding this section, the
manufacture, delivery or dispensing of any controlled substance excluded from
any medical use by federal law is prohibited, except:
(a) For research authorized under
subsection (3) of this section and ORS 475.225; or
(b) As otherwise provided by state or
federal law.
(5) Compliance by manufacturers and
distributors with the provisions of the federal law respecting registration,
excluding fees, entitles them to be registered under ORS 475.045, 475.095 and
475.125 to 475.185. [1977 c.745 §9; 1979 c.777 §53; 1981 c.666 §5; 1995 c.440 §25]
475.140 [Repealed by 1957 c.587 §12]
475.145
Revocation and suspension of registration. (1) A registration under ORS 475.135 to manufacture, deliver or
dispense a controlled substance may be suspended or revoked by the State Board
of Pharmacy upon a finding that:
(a) The registrant has furnished false or
fraudulent material information in any application filed under ORS 475.005 to
475.285 and 475.840 to 475.980;
(b) The registrant has been convicted of a
felony under any state or federal law relating to any controlled substance;
(c) The registrant has had the federal
registration suspended or revoked to manufacture, deliver or dispense
controlled substances;
(d) The registrant has violated any rule
of the board under ORS 475.005 to 475.285 and 475.840 to 475.980;
(e) The registrant has failed to maintain
proper records or has failed to follow proper refill procedures; or
(f) Continuance of registration would be
inconsistent with the public interest under any factor stated in ORS 475.135.
(2) The board may limit revocation or
suspension of a registration to the particular controlled substance with
respect to which grounds for revocation or suspension exist.
(3) If the board suspends or revokes a
registration, all controlled substances owned or possessed by the registrant at
the time of suspension or the effective date of the revocation order may be
placed under seal. No disposition may be made of substances under seal until
the time for taking an appeal has elapsed or until all appeals have been
concluded unless a court, upon application therefor, orders the sale of
perishable substances and the deposit of the proceeds of the sale with the
court. Upon a revocation order becoming final, all controlled substances may be
forfeited to the state.
(4) The board shall promptly notify the
administration of all orders suspending or revoking registration and all
forfeitures of controlled substances. [1977 c.745 §10; 1981 c.666 §6; 1995
c.440 §26]
475.150 [Amended by 1959 c.411 §1; 1971 c.418 §14;
repealed by 1977 c.745 §54]
475.155
Order to show cause. (1)
Before denying, suspending or revoking a registration, or refusing a renewal of
registration, the State Board of Pharmacy shall serve upon the applicant or
registrant an order to show cause why registration should not be denied,
revoked or suspended, or why the renewal should not be refused. The order to
show cause shall contain a statement of the basis therefor and shall call upon
the applicant or registrant to appear before the board at a time and place not
less than 30 days after the date of service of the order. These proceedings
shall be conducted in accordance with ORS chapter 183 without regard to any
criminal prosecution or other proceeding. Proceedings to refuse renewal of
registration shall not abate the existing registration which shall remain in
effect pending the outcome of the administrative hearing.
(2) The board may suspend, without an
order to show cause, any registration simultaneously with the institution of
proceedings under ORS 475.145 or where renewal of registration is refused, if
it finds that there is an imminent danger to the public health or safety which
warrants this action. The suspension shall continue in effect until the
conclusion of the proceedings, including judicial review thereof, unless sooner
withdrawn by the board or dissolved by a court of competent jurisdiction. [1977
c.745 §11]
475.160 [Repealed by 1977 c.745 §54]
475.165
Records of registrants.
Persons registered to manufacture, deliver or dispense controlled substances
under ORS 475.005 to 475.285 and 475.840 to 475.980 shall keep records and
maintain inventories in conformance with the recordkeeping and inventory
requirements of federal law and with any additional rules the State Board of
Pharmacy issues. [1977 c.745 §12; 1995 c.440 §27]