reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.874 - Unlawful possession of 3,4-methylenedioxymethamphetamine.

(1) It is unlawful for any person knowingly or intentionally to possess 3,4-methylenedioxymethamphetamine.
(2)(a) Unlawful possession of 3,4-methylenedioxymethamphetamine is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of 3,4-methylenedioxymethamphetamine is a Class A misdemeanor if the person possesses one gram or more or five or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:
(A) 3,4-methylenedioxyamphetamine;
(B) 3,4-methylenedioxymethamphetamine; or
(C) 3,4-methylenedioxy-N-ethylamphetamine.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of 3,4-methylenedioxymethamphetamine is a Class B felony if:
(A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or
(B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §38; 2017 c.706 §13; 2021 c.2 §15; 2021 c.591 §37]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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)(a) Unlawful possession of cocaine is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of cocaine is a Class A misdemeanor if the person possesses two grams or more of a mixture or substance containing a detectable amount of cocaine.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of cocaine is a Class C felony if:
(A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or
(B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §23; 2017 c.706 §14; 2021 c.2 §16; 2021 c.591 §38]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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)(a) Unlawful possession of methamphetamine is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of methamphetamine is a Class A misdemeanor if the person possesses two grams or more of a mixture or substance containing a detectable amount of methamphetamine.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of methamphetamine is a Class C felony if:
(A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or
(B) The person possesses a substantial quantity under ORS 475.900 (2)(b). [2005 c.708 §18; 2017 c.706 §15; 2021 c.2 §17; 2021 c.591 §39]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.902 - Directives to Oregon Criminal Justice Commission.

(1) The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance as a person felony and crime category 8 of the sentencing guidelines grid of the commission.
(2) The Oregon Criminal Justice Commission shall classify causing another person to ingest a controlled substance with the intent of committing or facilitating a crime of violence against the other person as a person felony and crime category 9 of the sentencing guidelines grid of the commission.
(3) The Oregon Criminal Justice Commission shall amend its rules and appendices to prohibit persons convicted of manufacturing substantial quantities of methamphetamine, its salts, isomers or salts of its isomers from being eligible for an optional probation sentence.
(4) As used in subsection (3) of this section, "substantial quantities" means that quantity of methamphetamine, its salts, isomers or salts of its isomers described in ORS 475.900 (1)(a). [Formerly 475.998; 2009 c.11 §70]
Note:
475.902 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.904 - Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions.

(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.
(3) This section does not apply to:
(a) A licensee or licensee representative, as those terms are defined in ORS 475C.009, that is engaged in lawful activities; or
(b) A person acting within the scope of and in compliance with ORS 475C.305. [Formerly 475.999; 2015 c.614 §127]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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. [Formerly 475.984; 2017 c.21 §29]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.910 - Application of controlled substance to the body of another person; prohibition.

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:
(1) 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.
(2) 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.
(3) A controlled substance in Schedule IV, is guilty of a Class C felony.
(4) A controlled substance in Schedule V, is guilty of a Class A misdemeanor. [Formerly 475.986; 2017 c.21 §30]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.914 - Prohibited acts for registrants; penalties.

(1) It is unlawful for any person:
(a) Who is subject to ORS 475.095 and 475.125 to 475.185 to deliver or dispense a controlled substance in violation of ORS 475.185;
(b) Who is a registrant, to manufacture a controlled substance not authorized by this registration, or to deliver or dispense a controlled substance not authorized by the registration to another registrant or other authorized person;
(c) To refuse or fail to make, keep or furnish any record, notification, order form, statement, invoice or information required under ORS 475.005 to 475.285 and 475.752 to 475.980;
(d) To refuse an entry into any premises for any inspection authorized by ORS 475.005 to 475.285 and 475.752 to 475.980; or
(e) To keep or maintain any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft or other structure or place, while knowingly permitting persons to use controlled substances in such places in violation of ORS 475.005 to 475.285 and 475.752 to 475.980, or which is used for keeping or selling them in violation of ORS 475.005 to 475.285 and 475.752 to 475.980.
(2) Any person who violates this section with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class C felony.
(b) A controlled substance in Schedule II, is guilty of a Class A misdemeanor.
(c) A controlled substance in Schedule III, is guilty of a Class B misdemeanor.
(d) A controlled substance in Schedule IV or V, is guilty of a Class C misdemeanor. [Formerly 475.993; 2011 c.524 §25]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.916 - Prohibited acts involving records and fraud; penalties.

(1) It is unlawful for any person knowingly or intentionally:
(a) To deliver as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by ORS 475.175;
(b) To use in the course of manufacture or delivery of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person;
(c) To acquire or to attempt to acquire or obtain or attempt to obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge;
(d) To furnish false or fraudulent material information in, or omit any material information from, any application, report, record or other document required to be kept or filed under ORS 475.005 to 475.285 and 475.752 to 475.980; or
(e) To make, deliver or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
(2) Any person who violates this section is guilty of a Class A misdemeanor. [Formerly 475.994]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.918 - Falsifying drug test results.

(1) A person commits the crime of falsifying drug test results if the person intentionally uses, or possesses with intent to use, any substance or device designed to falsify the results of a drug test of the person.
(2) Falsifying drug test results is a Class B misdemeanor.
(3) As used in this section and ORS 475.920, "drug test" means a lawfully administered test designed to detect the presence of a controlled substance. [Formerly 475.981]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.920 - Providing drug test falsification equipment.

(1) A person commits the crime of providing drug test falsification equipment if the person intentionally delivers, possesses with intent to deliver or manufactures with intent to deliver a substance or device designed to enable a person to falsify the results of a drug test.
(2) Providing drug test falsification equipment is a Class A misdemeanor. [Formerly 475.982]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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-ethylampheta-
mine.
(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]
Note:
See note under 475.907.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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;
(d) 100 grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy; or
(e) 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;
(d) 50 grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy; or
(e) 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; 2021 c.591 §41; 2023 c.9 §42]
Note:
See note under 475.907.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.930 - Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925.

(1) When a court sentences a person under ORS 164.061, 475.907, 475.924 and 475.925:
(a) The court shall use the criminal history scale of the sentencing guidelines grid of the Oregon Criminal Justice Commission to determine the sentence to impose. The sentence described in:
(A) ORS 475.925 (1) shall be determined utilizing crime category 10 of the sentencing guidelines grid.
(B) ORS 475.907 (1) and 475.925 (2) shall be determined utilizing crime category 9 of the sentencing guidelines grid.
(C) ORS 164.061 shall be determined utilizing crime category 8 of the sentencing guidelines grid.
(b)(A) Notwithstanding ORS 161.605, the court shall impose the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 and may not impose a sentence of optional probation or grant a downward dispositional departure or a downward durational departure under the rules of the commission.
(B) The court may impose a sentence other than the sentence described in ORS 164.061, 475.907, 475.924 and 475.925 if the court imposes a longer term of incarceration that is otherwise required or authorized by law.
(2) A person sentenced under ORS 164.061, 475.907, 475.924 and 475.925 may not receive a reduction in the term of incarceration for appropriate institutional behavior that exceeds 20 percent of the sentence imposed. [2008 c.14 §11]
Note:
475.930 was enacted into law but was not added to or made a part of ORS chapter 475 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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 under ORS 475.752 (1);
(b) Creation or delivery of a counterfeit substance 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; 2017 c.21 §31]
Note:
475.934 becomes operative July 1, 2033, and applies to crimes committed on or after July 1, 2033. See section 12, chapter 649, Oregon Laws 2013, as amended by section 23, chapter 78, Oregon Laws 2022, and section 4, chapter 572, Oregon Laws 2023.
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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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:
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.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.947 - Warning notice for precursor substance violation.

(1) In lieu of making an arrest or issuing a citation, a law enforcement officer may deliver a warning notice to a person or business that the officer has probable cause to believe has sold or otherwise delivered a precursor substance in violation of ORS 475.752 to 475.980 whenever the officer reasonably believes that the public interest will be adequately served under the circumstances by issuance of a written warning notice. The notice must be in substantially the following form:
______________________________________________________________________________
WARNING NOTICE
Please Read this Notice Carefully!!!
TO: ________(name of person or business)
DATE: ________(date of notice)
FROM: ________(name of law enforcement agency)
RE: ________(name of precursor substance or product)
The undersigned law enforcement officer has probable cause to believe that on ___________ (date of violation), you sold or otherwise delivered a quantity of the precursor substance identified above in violation of the laws of the State of Oregon.
This warning notice has been given to you in lieu of formal action concerning that violation. Please be aware that any further violation may result in formal action being taken against you, which may include, but is not limited to, the filing of an action in circuit court seeking a court order prohibiting you from selling or delivering any quantity of one or more precursor substances to any person.
__________________
Law Enforcement Officer
______________________________________________________________________________
(2) A warning notice issued by a law enforcement officer under subsection (1) of this section shall be personally delivered to the person named in the notice, or personally delivered to the person in charge of the business named in the notice. [2003 c.448 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.949 - Injunctive relief for precursor substance violation.

(1) Whenever it appears that any person has repeatedly sold or delivered one or more precursor substances in violation of the provisions of ORS 475.752 to 475.980, the county attorney or city attorney may cause a civil suit to be instituted in the circuit court for injunctive relief to restrain the person from selling or delivering one or more of the precursor substances.
(2) Upon a proper showing, the court may grant a permanent or temporary injunction prohibiting the defendant or defendants from any further sale or delivery of any amount of one or more precursor substances.
(3) The court may decline to enter an injunctive order against a defendant who:
(a) Demonstrates no knowledge of the existence of the violation, or demonstrates reasonable efforts to stop the violation from occurring;
(b) Has not been guilty of any contempt of court in the proceedings; and
(c) The court finds will make best efforts to immediately end any violation that may exist and prevent any further violation from occurring. [2003 c.448 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.955 - Failure to report missing precursor substances.

(1) A person commits the offense of failure to report missing precursor substances if the person:
(a) Is a licensee or other person regulated by the provisions of ORS 475.005 to 475.285 and 475.752 to 475.980;
(b) Discovers any theft or loss of any precursor substance or any difference between the quantity received and the quantity shipped; and
(c) Within three days after discovery of the theft or loss or actual knowledge of the discrepancy, does not report the theft, loss or discrepancy to the Department of State Police in the manner provided by rule adopted under ORS 475.945.
(2) Penalties for providing false information on any report required under this section are provided under ORS 465.965.
(3) The offense described in this section, failure to report missing precursor substances, is a Class A misdemeanor. [1987 c.657 §4; 1995 c.440 §34; 2001 c.615 §13]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.960 - Illegally selling drug equipment.

(1) A person commits the offense of illegally selling drug equipment if the person sells any substance, article, apparatus or device with knowledge that the substance, article, apparatus or device will be used to manufacture, compound, convert, process or prepare a controlled substance for unlawful sale or distribution.
(2) The offense described in this section, illegally selling drug equipment, is a Class A misdemeanor. [1987 c.657 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.962 - Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance.

(1) A person commits the crime of distribution of equipment, a solvent, a reagent or a precursor substance with intent to facilitate the manufacture of a controlled substance if the person sells or otherwise transfers equipment, a solvent, a reagent or a precursor substance with knowledge that the equipment, solvent, reagent or precursor substance is intended to be used in the manufacture of a controlled substance in violation of ORS 475.752.
(2) Distribution of equipment, a solvent, a reagent or a precursor substance with intent to facilitate the manufacture of a controlled substance is a Class B felony. [2005 c.706 §8]
Note:
475.962 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.965 - Providing false information on precursor substances report or record.

(1) A person commits the offense of providing false information on a precursor substances report or record if the person knowingly provides false information in any report or record required under ORS 475.950, 475.955, 475.975, 475.976 or 475.978.
(2) The offense described in this section, providing false information on a precursor substances report or record, is a Class A misdemeanor. [1987 c.657 §7; 2001 c.615 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.973 - Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine; records.

(1)(a) The State Board of Pharmacy may not adopt rules that exempt a product containing ephedrine or pseudoephedrine from classification as a controlled substance. Except as otherwise provided in this paragraph, the State Board of Pharmacy shall adopt rules to classify ephedrine, pseudoephedrine and phenylpropanolamine as Schedule III controlled substances. The Schedule III classification may be modified by the State Board of Pharmacy if the State Board of Pharmacy finds that restrictions on products containing ephedrine, pseudoephedrine or phenylpropanolamine under a Schedule III designation do not significantly reduce the number of methamphetamine laboratories within the state.
(b) Records of transactions involving products containing ephedrine, pseudoephedrine or phenylpropanolamine are subject to inspection by the State Board of Pharmacy and law enforcement agencies. A person required to make or maintain records of transactions involving products containing ephedrine, pseudoephedrine or phenylpropanolamine shall forward the records to the Department of State Police if directed to do so by the department. Failure to forward records as required by this paragraph is a Class A misdemeanor.
(2) This section does not apply to products that the State Board of Pharmacy, upon application of a manufacturer, exempts by rule because the product is formulated to effectively prevent conversion of the active ingredient into methamphetamine or its salts or precursors. Upon notification from the Department of State Police that the department has probable cause to believe that a product exempted under this subsection does not effectively prevent conversion of the active ingredient into methamphetamine or its salts or precursors, the State Board of Pharmacy may issue an emergency rule revoking the exemption for the product pending a full hearing. [2001 c.615 §6; 2003 c.448 §3; 2005 c.706 §11; 2011 c.524 §26]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]