OregonSB 2362025 Regular SessionSenateWALLET

Relating to controlled substances; and declaring an emergency.

Sponsored By: Sponsor information unavailable

Signed by Governor

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Bill Overview

Analyzed Economic Effects

14 provisions identified: 9 benefits, 3 costs, 2 mixed.

Drug misdemeanor records get sealing deadlines

Qualifying drug possession misdemeanor records must be sealed within 60 days after verified deflection completion. Other deadlines are two years after the offense without further prosecution, or within 90 days after qualifying probation completion or acquittal. Sealing generally occurs three years after conviction or dismissal; warrant-related absence does not count toward the conviction waiting period. Active warrants block sealing, and multiple covered offenses must all become eligible before their records are sealed. Other case records generally delay sealing until cleared, though courts can allow earlier sealing based on the person's and public's best interests. Deflection coordinators must notify law enforcement and prosecutors of completion, and courts when they request notice.

Legal protection when seeking overdose help

People seeking emergency help for a drug overdose, and the person needing help, receive protection for specified offenses. The protection covers arrest, prosecution, and civil penalties when evidence comes from contacting emergency medical services or law enforcement. Covered offenses now include unlawful fentanyl possession. Related protections can cover arrests based solely on supervision or release violations triggered by seeking help. Outstanding federal or out-of-state warrants remain enforceable.

More probation options for fentanyl possession

Covered fentanyl possession charges now qualify for deferred proceedings with consent from the court, prosecutor, and defendant. Drug enforcement misdemeanor defendants also qualify for a separate probation agreement process without a guilty plea. They generally must request that option within 30 days of first appearance; courts can allow more time for good cause. After a prosecutor objects, courts can deny entry based on the person's needs or community protection and welfare. Successful completion leads to dismissal with prejudice, meaning the charges cannot be brought again.

Coordinated care covers opioid treatment medicines

Oregon coordinated care organizations must include opioid use disorder medicines and refills in members' behavioral health services. Coverage also includes medicines for co-occurring substance use disorders or mental health conditions. The requirement includes prescriptions and refills provided through the law's pharmacist prescribing authority.

Fewer insurance barriers for addiction medicines

Covered group and individual health plans cannot require prior approval or other utilization review to reimburse FDA-approved substance use disorder medicines. This includes all forms of buprenorphine and qualifying refills dispensed by legally authorized licensed professionals. The rule excludes grandfathered plans covered by the federal exemption. Plans can still audit for improper payments, fraud, or abuse and conduct reasonable periodic reviews of continuing-care needs.

Pharmacists can provide opioid treatment medicines

Oregon pharmacists can prescribe, dispense, and administer opioid use disorder medicines under a statewide protocol or collaborative treatment agreement. The statewide protocol requires Pharmacy Board rules and consultation with a physician experienced in addiction medicine. Pharmacists can register federally as mid-level practitioners to handle Schedule II through V opioid treatment medicines. These services count as pharmacy practice. A prescribing pharmacist can electronically send the prescription to a different dispensing pharmacist under Oregon's electronic prescription rules.

Fentanyl misdemeanor sentences favor supervised probation

For fentanyl drug enforcement misdemeanors, courts generally suspend jail time and impose up to 18 months of supervised probation. The judgment cannot require fines, costs, assessments, or attorney fees. At the defendant's request, courts can instead impose up to 180 days in jail; probation sanctions are capped at 30 jail days. Revocation can bring up to 180 days, but courts must authorize early release into treatment. Counties provide supervision, sanctions, and services for the specified fentanyl possession misdemeanors when the person also fits a covered custody or supervision category.

Probation agreements bring hearings and penalties

Violating a covered probation agreement can bring up to 30 days in jail or restart the criminal case. If the case restarts under the agreement's rights waiver, the person cannot challenge whether the evidence establishes guilt. When probation expires without completion or required completion notice, courts must hold a hearing if no violation proceeding began before expiration. Courts can dismiss after finding completion, order another probation period, or restart the case with the same evidence restriction. This hearing process also covers specialty-court agreements for misdemeanors and Class C felonies, excluding driving under the influence.

Prescription pickup lockers can operate statewide

Oregon retail pharmacies can operate prescription pickup lockers anywhere in the state, including away from the pharmacy's address. Each locker counts as part of the pharmacy and needs no separate state pharmacy license or registration.

Local grants connect people to treatment

Oregon's Behavioral Health Deflection Program funds counties and federally recognized tribes to connect people with community-based behavioral health services. Grants support operations, staff and workforce development, treatment facilities, and planning; nontribal awards must be at least $150,000. No more than 3% of program funds can support data collection, analysis, or evaluation. Counties can submit only one application, and applicants must coordinate with prosecutors, law enforcement, mental health programs, and treatment-network providers. Programs must have a coordinator, required partnerships, and state-required data reporting; tribal award amounts are set by the commission.

More county facilities qualify for treatment grants

Oregon's opioid use disorder medication grant program now includes facilities operated by county supervisory authorities in its covered-facility definition. This expands which facilities qualify under the program. The change sets no grant amount or individual payment.

Felony penalties for fentanyl distribution

Unauthorized delivery or manufacture of fentanyl or its substituted derivatives is a Class B felony. Delivery to someone under 18 is a Class A felony. Delivery or manufacture within 1,000 feet of a qualifying school is also a Class A felony. This covers public or private elementary, secondary, or career schools attended mainly by minors. Courts place these school-zone offenses in sentencing category 8.

Fentanyl possession carries tiered criminal penalties

The law makes knowing or intentional possession of fentanyl or its substituted derivatives illegal without a valid prescription or other legal authority. Possession is generally a drug enforcement misdemeanor. At least 1 gram or 5 user units makes it a Class A misdemeanor. Commercial possession offenses, or possession of at least 5 grams or 25 user units, are Class C felonies.

Tougher sentences for fentanyl delivery

Delivering fentanyl to someone under 18 carries a required prison term of 34 to 72 months, based on criminal history. That requirement does not apply when the offender is less than three years older and has no qualifying prior minor-delivery conviction. Courts also cannot grant optional probation or shorter-than-guideline sentences for covered fentanyl delivery or manufacture convictions with listed prior convictions. Those priors include specified serious drug offenses, school-zone offenses, and delivery to minors.

Sponsors & Cosponsors

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 113 • No: 1

Senate vote • 6/25/2025

Senate concurred in House amendments and repassed bill.

Yes: 26 • No: 1

House vote • 6/24/2025

Third reading. Carried by Kropf. Passed.

Yes: 44 • No: 0

legislature vote • 6/16/2025

Addiction and Community Safety Response: Heard and Reported Out with Amendments

Yes: 6 • No: 0

Senate vote • 6/10/2025

Third reading. Carried by Prozanski. Passed.

Yes: 29 • No: 0

legislature vote • 5/28/2025