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 475.319

[1999 c.4 §6; 1999 c.825 §4; 2005 c.22 §347; 2005 c.822 §12; 2015 c.614 §87a; renumbered 475B.480 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.320

[2005 c.822 §9; 2007 c.573 §5; 2009 c.595 §971; 2013 c.726 §6; 2015 c.614 §82; renumbered 475B.428 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.323

[1999 c.4 §8; 1999 c.825 §5; 2005 c.22 §348; 2013 c.726 §7; 2015 c.614 §90b; renumbered 475B.490 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.326

[1999 c.4 §9; 2005 c.822 §11; 2015 c.614 §90c; renumbered 475B.483 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.328

[1999 c.4 §10; 2005 c.822 §4; 2015 c.614 §90d; renumbered 475B.485 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.331

[1999 c.4 §12; 2005 c.822 §5; 2009 c.595 §972; 2013 c.726 §8; 2015 c.614 §90e; renumbered 475B.460 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.334

[1999 c.4 §14; 2009 c.595 §973; 2015 c.614 §90f; renumbered 475B.517 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.338

[1999 c.4 §15; 2009 c.595 §974; 2015 c.614 §90g; renumbered 475B.525 in 2015]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.382 - Limitation on compliance requirements.

ORS 475.380 may not be construed to impose on a business that makes retail sales of a finished drug product containing dextromethorphan any compliance requirement other than manually obtaining and verifying proof of age as a condition of sale. For purposes of this section, compliance requirements include any requirement to place a finished drug product in a specific location within the business, any restriction on an individual’s direct access to the finished drug product and any requirement to keep and maintain records of transactions involving the finished drug product. [2017 c.345 §2]
Note:
See note under 475.380.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.384 - Trade association list of marketed products containing dextromethorphan; ability to request.

Any trade association representing manufacturers of over-the-counter finished drug products containing dextromethorphan must provide to any requesting business that makes retail sales a list of the finished drug products containing dextromethorphan marketed by the trade association’s members. A business may make a request pursuant to this section only once per year. [2017 c.345 §3]
Note:
See note under 475.380.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.386 - State preemption.

Except as expressly authorized by law, the authority to regulate the sale, delivery, purchase, receipt or possession of a product containing dextromethorphan in this state is vested solely in the Legislative Assembly. [2017 c.345 §4]
Note:
See note under 475.380.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.390 - Prohibition on retail sale of nitrous oxide to individual under 18 years of age; penalties.

(1) A business that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide, or an employee of the business, may not sell or deliver a nitrous oxide canister from which an individual may directly inhale nitrous oxide to an individual who is under 18 years of age.
(2)(a) Except as provided in paragraph (b) of this subsection, violation of this section is a Class A violation.
(b) Violation of this section is a Class C misdemeanor if at the time of sentencing the person has been convicted and sentenced, during a prior proceeding, under this section.
(3) This section does not apply to a business or employee who sells or delivers a nitrous oxide canister from which an individual may directly inhale nitrous oxide if, before selling or delivering the nitrous oxide canister to an individual:
(a) The business or employee requires the individual to present one of the following pieces of identification:
(A) A passport;
(B) A driver license, whether issued in this state or by another state;
(C) An identification card issued under ORS 807.400;
(D) An identification card issued by the United States military; or
(E) Any other identification card issued by a state that bears a picture of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual;
(b) The piece of identification presented establishes that the individual is 18 years of age or older;
(c) The piece of identification presented accurately describes the individual; and
(d) If the piece of identification presented was falsified, a reasonable person would determine, upon inspecting the piece of identification under the same or similar circumstances, that the piece of identification was not altered and accurately describes the individual. [2017 c.402 §1]
Note:
475.390 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 475.392 - Short title.

ORS 475.394 to 475.404 shall be known and may be cited as the Oregon Kratom Consumer Protection Act. [2022 c.41 §1]
Note:
475.392 to 475.404 were enacted into law by the Legislative Assembly but were 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 475.394 - Definitions for ORS 475.394 to 475.404.

As used in ORS 475.394 to 475.404:
(1) "Kratom product" means a food, food product, food ingredient, dietary ingredient, dietary supplement or beverage for human consumption containing any part of the leaf of the plant Mitragyna speciosa.
(2) "Processor" means a person that sells, distributes or exposes for sale kratom products on a wholesale basis to a retailer.
(3) "Retailer" means a person that sells, distributes or exposes for sale kratom products to individuals for personal consumption. [2022 c.41 §2]
Note:
See note under 475.392.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.396 - Prohibition on unregistered processing; civil penalty.

(1) A processor may not sell, distribute or expose for sale a kratom product prior to registering with the Department of Revenue under ORS 475.404.
(2) A processor that violates subsection (1) of this section is subject to a civil penalty of not more than $500 for the first offense and not more than $1,000 for a second or subsequent offense.
(3) Except as otherwise provided by state tax law or the department by rule or order, a civil penalty imposed under this section may be appealed as a contested case proceeding under ORS chapter 183. [2022 c.41 §3]
Note:
See note under 475.392.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.398 - Prohibition on sale, distribution, exposure of kratom product to minor; penalty.

(1) A retailer may not sell, distribute or expose for sale a kratom product to an individual under 21 years of age.
(2) A retailer that violates subsection (1) of this section is guilty of a Class C misdemeanor for each violation. [2022 c.41 §4]
Note:
See note under 475.392.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.400 - Department of Revenue suspense account.

The Department of Revenue shall deposit all moneys collected under ORS 475.396 and 475.404 in a suspense account established under ORS 293.445. The department may pay expenses for the administration and enforcement of ORS 475.394 to 475.404 with moneys from the suspense account. The department shall pay refunds, if any, with moneys in the suspense account. Moneys necessary to pay administrative and enforcement expenses and refunds are continuously appropriated to the department from the suspense account. [2022 c.41 §5]
Note:
See note under 475.392.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.402 - Application of ORS chapters 305, 314 to civil penalties.

Except as otherwise provided or where the context requires otherwise, the provisions of ORS chapters 305 and 314 as to the determination and notice of deficiencies, assessments, collections, liens, delinquencies, claims for refund and refunds, stays of collection pending appeal, confidentiality of registration and the related civil penalties, and the related procedures, apply to the determination of civil penalties imposed under ORS 475.396 and registration fees imposed under ORS 475.404. [2022 c.41 §6]
Note:
See note under 475.392.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.404 - Department of Revenue rules; fees.

(1) The Department of Revenue shall adopt rules necessary to carry out ORS 475.394 and 475.396, including rules establishing:
(a) Procedures for a processor to register annually with the department, including a requirement that a processor certify that all of the kratom products the processor will sell, distribute or expose for sale are third-party tested to satisfy industry standards for adulteration;
(b) A reasonable registration fee to be paid to the department by a processor to support the administration and enforcement of ORS 475.394 to 475.404; and
(c) Any other requirements the department deems appropriate.
(2) Fees collected under subsection (1) of this section may not exceed the cost to administer and enforce ORS 475.394 to 475.404. [2022 c.41 §7]
Note:
See note under 475.392.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.405 - Definitions for ORS 475.405 to 475.495.

As used in ORS 475.405 to 475.495:
(1) "Chemical" means:
(a) Any material defined as a controlled substance or precursor substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980.
(b) Any substance used in the manufacture of a controlled substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980.
(c) Any substance used in the manufacture of a cannabinoid extract as defined in ORS 475C.009.
(d) Any material or substance designated by the Environmental Quality Commission under ORS 475.425.
(2) "Cleanup" includes any action the Department of Environmental Quality, or a person acting on behalf of the department, is required to take pursuant to a request under ORS 475.415.
(3) "Cleanup costs" means reasonable costs that are attributable to or associated with cleanup at an alleged illegal drug manufacturing site, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.
(4) "Commission" means the Environmental Quality Commission.
(5) "Department" means the Department of Environmental Quality.
(6) "Director" means the Director of the Department of Environmental Quality.
(7) "Fund" means the Illegal Drug Cleanup Fund established under ORS 475.495.
(8) "Owner or operator" means any person who owns, leases, operates or controls an alleged illegal drug manufacturing site. "Owner or operator" does not include a person, who, without participating in the management of an alleged illegal drug manufacturing site, holds indicia of ownership primarily to protect a security interest in the site.
(9) "Site" means an illegal drug manufacturing site. [1987 c.699 §1; 1995 c.440 §8; 2017 c.21 §24]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.415 - Request for cleanup.

Upon the request of a law enforcement agency, the Department of Environmental Quality may identify, clean up, store and dispose of chemicals located at an alleged illegal drug manufacturing site. [1987 c.699 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.425 - Environmental Quality Commission rules; designation of chemicals.

(1) The Environmental Quality Commission shall consult with the law enforcement agencies in adopting rules necessary for the Department of Environmental Quality to carry out its responsibilities under ORS 475.415.
(2) By rule, the commission may designate as chemical for the purposes of ORS 475.405 to 475.495 any element, compound, mixture or solution that may be a controlled substance or precursor substance as defined by ORS 475.005 to 475.285 and 475.744 to 475.980 or used to illegally manufacture drugs. [1987 c.699 §3; 1995 c.440 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.435 - Authority of director.

(1) Upon request of a law enforcement agency, the Director of the Department of Environmental Quality:
(a) May undertake directly or by contract any cleanup action necessary to protect the public health, safety, welfare and the environment; or
(b) May authorize any person to carry out any cleanup action in accordance with any requirements of or directions from the director, if the director determines that the person will commence and complete the cleanup action properly and in a timely manner. However, the director in most circumstances shall not require the law enforcement agency to be responsible for carrying out the cleanup action.
(2) Nothing in ORS 475.415 to 475.455, 475.475 and 475.485 shall prevent the director from taking any emergency cleanup action necessary to protect public health, safety, welfare or the environment.
(3) The director may require a person liable under ORS 475.455 to conduct any cleanup action or related actions necessary to protect the public health, safety, welfare and the environment. The director’s action under this subsection may include but need not be limited to issuing an order specifying the cleanup action the person must take.
(4) The director may request the Attorney General to bring an action or proceeding for legal or equitable relief, in the circuit court of the county in which the site is located or in Marion County, as may be necessary:
(a) To enforce an order issued under subsection (3) of this section; or
(b) To abate any imminent and substantial danger to the public health, safety, welfare or the environment related to a release.
(5) Notwithstanding any provision of ORS chapter 183, any order issued by the director under subsection (3) of this section shall not be appealable to the Environmental Quality Commission or subject to judicial review.
(6) If any person who is liable under ORS 475.455 fails without sufficient cause to conduct a cleanup action as required by an order of the director, the person shall be liable to the Department of Environmental Quality for the state’s cleanup costs and for punitive damages not to exceed three times the amount of the state’s cleanup costs.
(7) Nothing in this section is intended to interfere with, limit or abridge the authority of the State Fire Marshal or any other state agency or local unit of government relating to an emergency that presents a combustion or explosion hazard. [1987 c.699 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.445 - Site entry; purposes.

(1) Upon request of a law enforcement agency under ORS 475.415, the Department of Environmental Quality or its authorized representative may enter any alleged illegal drug manufacturing site at any reasonable time to:
(a) Sample, inspect, examine and investigate;
(b) Examine and copy records and other information; or
(c) Carry out cleanup action authorized by ORS 475.415 to 475.455, 475.475 and 475.485.
(2) If any person refuses to provide information, documents, records or to allow entry under subsection (1) of this section, the department may request the Attorney General to seek from a court of competent jurisdiction an order requiring the person to provide such information, documents, records or to allow entry. [1987 c.699 §4]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.465 - Liability of state for cleanup.

Notwithstanding any other provision of law, the State of Oregon, the Environmental Quality Commission and the Department of Environmental Quality and their officers, employees and agents shall not be liable to a person possessing or owning chemicals located at an alleged illegal drug manufacturing site for any claims or actions arising from the identification, cleanup, storage or disposal of such chemicals by the Department of Environmental Quality. [1987 c.699 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.475 - Department record of costs; collection of costs.

(1) The Department of Environmental Quality shall keep a record of the state’s cleanup costs.
(2) Based on the record compiled by the department under subsection (1) of this section, the department shall require any person liable under ORS 475.435 or 475.455 to pay the amount of the state’s cleanup costs and, if applicable, punitive damages.
(3) If the state’s cleanup costs and punitive damages are not paid by the liable person to the department within 45 days after receipt of notice that such costs and damages are due and owing, the Attorney General, at the request of the Director of the Department of Environmental Quality, shall bring an action in the name of the State of Oregon in a court of competent jurisdiction to recover the amount owed, plus reasonable legal expenses.
(4) All moneys received by the department under this section shall be deposited in the Illegal Drug Cleanup Fund established under ORS 475.495. [1987 c.699 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.485 - Costs and penalties as lien; enforcement of lien.

(1) All of the state’s cleanup costs, penalties and punitive damages for which a person is liable to the state under ORS 475.435 or 475.455 shall constitute a lien upon any real and personal property owned by the person.
(2) At the discretion of the Department of Environmental Quality, the department may file a claim of lien on real property or a claim of lien on personal property. The department shall file a claim of lien on real property to be charged with a lien under this section with the recording officer of each county in which the real property is located and shall file a claim of lien on personal property to be charged with a lien under this section with the Secretary of State. The lien shall attach and become enforceable on the day of such filing. The lien claim shall contain:
(a) A statement of the demand;
(b) The name of the person against whose property the lien attaches;
(c) A description of the property charged with the lien sufficient for identification; and
(d) A statement of the failure of the person to conduct cleanup action and pay penalties and damages as required.
(3) The lien created by this section may be foreclosed by a suit on real and personal property in the circuit court in the manner provided by law for the foreclosure of other liens.
(4) Nothing in this section shall affect the right of the state to bring an action against any person to recover all costs and damages for which the person is liable under ORS 475.435 or 475.455.
(5) A lien created under this section shall have priority over any claim of the state under ORS 166.715 to 166.735 or any local government forfeiture ordinance or regulation. [1987 c.699 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.495 - Illegal Drug Cleanup Fund; sources; uses.

(1) The Illegal Drug Cleanup Fund is established separate and distinct from the General Fund in the State Treasury.
(2) The following moneys shall be deposited into the State Treasury and credited to the Illegal Drug Cleanup Fund:
(a) Moneys recovered or otherwise received from responsible parties for cleanup costs;
(b) Moneys received from a state agency, local government unit or any agency of a local government unit for cleanup of illegal drug manufacturing sites, including moneys received from forfeiture proceeds under the provisions of ORS 131A.360 and 131A.365;
(c) Moneys received from the federal government for cleanup of illegal drug manufacturing sites; and
(d) Any penalty or punitive damages recovered under ORS 475.435, 475.455 or 475.485.
(3) The State Treasurer may invest and reinvest moneys in the Illegal Drug Cleanup Fund in the manner provided by law. Interest earned by the fund shall be credited to the fund.
(4) The moneys in the Illegal Drug Cleanup Fund are appropriated continuously to the Department of Environmental Quality to be used as provided for in subsection (5) of this section.
(5) Moneys in the Illegal Drug Cleanup Fund may be used for the following purposes:
(a) Payment of the state’s cleanup costs;
(b) Funding any action or activity authorized by ORS 475.415 to 475.455, 475.475 and 475.485; and
(c) Funding safety certification training and personal protective equipment for law enforcement personnel assigned to respond to illegal drug manufacturing sites.
(6) In addition to the purposes provided for in subsection (5) of this section, moneys in the Illegal Drug Cleanup Fund received from forfeiture proceeds under the provisions of ORS 131A.360 and 131A.365 may be transferred to the Oregon Health Authority to support the administration of the illegal drug manufacturing cleanup program provided for in ORS 453.855 to 453.912.
(7) The department may not expend more than $250,000 in each biennium of the forfeiture proceeds that are paid into the Illegal Drug Cleanup Fund by political subdivisions under the provisions of ORS 131A.360. If at the end of a biennium more than $250,000 has been paid into the Illegal Drug Cleanup Fund under the provisions of ORS 131A.360, the department shall refund to each political subdivision that made payments into the fund a pro rata share of the excess amount, based on the amount of forfeiture proceeds paid into the fund by the political subdivision. [1987 c.699 §9; 1989 c.966 §56; 1993 c.699 §5; 2001 c.780 §§19,19a; 2009 c.78 §52; 2011 c.524 §1; 2011 c.597 §217; 2011 c.720 §205a]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.528 - Provision of single-use drug test strips, drug testing tools to certain minors; exceptions.

(1) Notwithstanding ORS 475.525 (3), it is unlawful to provide single-use drug test strips or drug testing tools to a minor who is under 15 years of age unless the strips or tools are provided to the minor as part of the minor’s substance use disorder treatment provided by a mental health care provider and the strips or tools are provided by the mental health care provider.
(2) As used in this section, "mental health care provider" means a:
(a) Physician licensed under ORS chapter 677;
(b) Physician assistant licensed under ORS 677.505 to 677.525;
(c) Psychologist licensed under ORS 675.010 to 675.150;
(d) Nurse practitioner licensed under ORS 678.375 to 678.390;
(e) Clinical social worker licensed under ORS 675.530;
(f) Licensed professional counselor licensed under ORS 675.715;
(g) Licensed marriage and family therapist licensed under ORS 675.715;
(h) Naturopathic physician licensed under ORS chapter 685;
(i) Chiropractic physician licensed under ORS chapter 684;
(j) Community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule; or
(k) Organizational provider, as defined in ORS 430.637, that holds a certificate of approval. [2023 c.593 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.744 - Providing hypodermic device or pipe to minor prohibited; exception.

(1) A person may not sell or give a:
(a) Hypodermic device to a minor unless the minor demonstrates a lawful need for the hypodermic device by authorization of a physician, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525, nurse practitioner licensed under ORS 678.375 to 678.390, parent or legal guardian or by other means acceptable to the seller or donor.
(b)(A) Pipe to a minor unless the minor demonstrates a lawful need for the pipe by authorization of a physician, naturopathic physician licensed under ORS chapter 685, physician assistant licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390, or the minor’s parent or legal guardian; and
(B) The minor obtains the consent of the minor’s parent or legal guardian to possess the pipe.
(2) As used in this section:
(a) "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.
(b) "Pipe" means:
(A) Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes with or without screens;
(B) Water pipes;
(C) Carburetion tubes and devices;
(D) Chamber pipes;
(E) Carburetor pipes;
(F) Electric pipes;
(G) Air-driven pipes; and
(H) Ice pipes or chillers. [Formerly 475.805; 2014 c.45 §65; 2017 c.356 §75; 2023 c.593 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
Note:
475.754 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.757 - Syringe service program as affirmative defense to unlawful possession of controlled substance.

(1) As used in this section, "syringe service program" means a program that provides services including free sterile needles and syringes and safe disposal for needles and syringes.
(2) It is an affirmative defense to unlawful possession of a controlled substance under ORS 475.752 to 475.980 that the person was acting in the capacity of an employee or volunteer of a syringe service program.
(3) Sterile needles and syringes and other items provided by a syringe service program may not be considered "drug paraphernalia," as that term is defined in ORS 475.525. [2019 c.583 §13]
Note:
475.757 was added to and made a part of 475.752 to 475.980 by legislative action but was not added to any smaller series therein. 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 475.806 - 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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)(a) Unlawful possession of hydrocodone is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of hydrocodone is a Class A misdemeanor if:
(A) The possession is a commercial drug offense under ORS 475.900 (1)(b); or
(B) The person possesses 40 or more pills, tablets, capsules or user units of a mixture or substance containing a detectable amount of hydrocodone. [2011 c.524 §15; 2021 c.591 §33]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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)(a) Unlawful possession of methadone is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of methadone is a Class A misdemeanor if the person possesses 40 or more user units of a mixture or substance containing a detectable amount of methadone.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of methadone is a Class C felony if the possession is a commercial drug offense under ORS 475.900 (1)(b). [2011 c.524 §20; 2017 c.706 §10; 2021 c.2 §12; 2021 c.591 §34]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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)(a) Unlawful possession of oxycodone is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of oxycodone is a Class A misdemeanor if the person possesses 40 or more pills, tablets, capsules or user units of a mixture or substance containing a detectable amount of oxycodone.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of oxycodone is a Class C felony if the possession is a commercial drug offense under ORS 475.900 (1)(b). [2011 c.524 §10; 2017 c.706 §11; 2021 c.2 §13; 2021 c.591 §35]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 475.854 - Unlawful possession of heroin.

(1) It is unlawful for any person knowingly or intentionally to possess heroin.
(2)(a) Unlawful possession of heroin is a Class E violation.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class A misdemeanor if the person possesses one gram or more of a mixture or substance containing a detectable amount of heroin.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of heroin 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 §28; 2017 c.706 §12; 2021 c.2 §14; 2021 c.591 §36]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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-meth- ylenedioxymethamphetamine is a Class A felony. [2005 c.708 §34]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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-meth-
ylenedioxymethamphetamine within 1,000 feet of a school is a Class A felony. [2005 c.708 §35]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous › Section 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-methylenedi- oxymethamphetamine within 1,000 feet of a school is a Class A felony. [2005 c.708 §37]