Unlawful possession of fentanyl. (1) It is unlawful for any person knowingly or intentionally to possess fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy, unless the fentanyl or derivative 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 fentanyl is a drug enforcement misdemeanor punishable as described in ORS 475.896.

(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of fentanyl is a Class A misdemeanor if the person possesses one gram or more or five or more user units 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.

(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of fentanyl 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 (3)(b). [2025 c.532 §2]