Chapter 475 — Chapter 475
247 sections in this chapter.
ORS 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
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(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 cos…
ORS 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
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(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 rec…
ORS 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
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(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 o…
ORS 475.505 [1979 c.253 §1; repealed by 1987 c.75 §1]
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[Repealed or reserved.]
ORS 475.510 [1979 c.253 §2; repealed by 1987 c.75 §1]
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[Repealed or reserved.]
ORS 475.515 [1979 c.253 §3; repealed by 1987 c.75 §1]
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DRUG PARAPHERNALIA
ORS 475.525 Sale of drug paraphernalia prohibited; definition of drug paraphernalia; exceptions; immunity for distribution of certain items. (1) It is unlawful for any person to sell or deliver, possess with intent to sell or deliver or manufacture with intent to sell or deliver drug paraphernalia, knowing that it will be used to unlawfully plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the human body a controlled substance as defined by ORS 475.005
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(2) For the purposes of this section, “drug paraphernalia” means all equipment, products and materials of any kind that are marketed for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processi…
ORS 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
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(2) As used in this section, “mental health care provider” means a: (a) Physician licensed under ORS chapter 677; (b) Physician associate licensed under ORS 677.505 to 677.525; (c) Psychologist licensed under ORS 675.010 to 675.150; (d) Nurse practitioner licensed under ORS 678.3…
ORS 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]
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[Repealed or reserved.]
ORS 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]
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[Repealed or reserved.]
ORS 475.555 Seizure of drug paraphernalia. An official of the state, its political subdivisions or any agency thereof may seize drug paraphernalia when
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(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 seizur…
ORS 475.565 Civil penalty for violation of ORS 475.525. (1) In addition to any other penalty provided by law
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(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 …
ORS 475.610 [1955 c.573 §2; 1957 c.587 §9; repealed by 1959 c.411 §2 (475.615 enacted in lieu of 475.610)]
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[Repealed or reserved.]
ORS 475.615 [1959 c.411 §3 (enacted in lieu of 475.610); repealed by 1977 c.745 §54]
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[Repealed or reserved.]
ORS 475.620 [1955 c.573 §3; 1957 c.587 §10; repealed by 1959 c.411 §4 (475.625 enacted in lieu of 475.620)]
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[Repealed or reserved.]
ORS 475.625 [1959 c.411 §5 (enacted in lieu of 475.620); 1963 c.137 §2; 1969 c.310 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 475.630 [1955 c.573 §4; repealed by 1959 c.411 §6 (475.655 enacted in lieu of 475.630)]
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[Repealed or reserved.]
ORS 475.635 [1959 c.411 §11 (enacted in lieu of 475.650); 1969 c.310 §3; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 475.640 [1955 c.573 §5; repealed by 1959 c.411 §8 (475.665 enacted in lieu of 475.640)]
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[Repealed or reserved.]
ORS 475.645 [1959 c.411 §21 (enacted in lieu of 475.700); 1969 c.391 §15; 1971 c.743 §380; 1973 c.697 §20; 1977 c.745 §41; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.650 [1955 c.573 §6; repealed by 1959 c.411 §10 (475.635 enacted in lieu of 475.650)]
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[Repealed or reserved.]
ORS 475.655 [1959 c.411 §7 (enacted in lieu of 475.630); 1963 c.137 §3; 1971 c.743 §381; repealed by 1973 c.697 §21]
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[Repealed or reserved.]
ORS 475.660 [1955 c.573 §7; repealed by 1959 c.411 §12 (475.675 enacted in lieu of 475.660)]
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[Repealed or reserved.]
ORS 475.665 [1959 c.411 §9 (enacted in lieu of 475.640); 1971 c.743 §382; 1973 c.697 §17; 1977 c.745 §42; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.670 [1955 c.573 §8; repealed by 1959 c.411 §14 (475.705 enacted in lieu of 475.670)]
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[Repealed or reserved.]
ORS 475.675 [1959 c.411 §13 (enacted in lieu of 475.660); 1969 c.638 §2; 1973 c.697 §18; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.680 [1955 c.573 §§9,13; repealed by 1959 c.411 §16 (475.685 enacted in lieu of 475.680)]
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[Repealed or reserved.]
ORS 475.685 [1959 c.411 §17 (enacted in lieu of 475.680); 1973 c.697 §15; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.690 [1955 c.573 §9; repealed by 1959 c.411 §18 (475.695 enacted in lieu of 475.690)]
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[Repealed or reserved.]
ORS 475.695 [1959 c.411 §19 (enacted in lieu of 475.690); 1973 c.697 §16; 1977 c.745 §48; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.700 [1955 c.573 §10; repealed by 1959 c.411 §20 (475.645 enacted in lieu of 475.700)]
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[Repealed or reserved.]
ORS 475.705 [1959 c.411 §15 (enacted in lieu of 475.670); 1969 c.638 §3; 1973 c.697 §19; 1977 c.745 §49; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.710 [1955 c.573 §11; repealed by 1959 c.411 §22]
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[Repealed or reserved.]
ORS 475.715 [1969 c.442 §1; renumbered 430.560]
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[Repealed or reserved.]
ORS 475.720 [1955 c.573 §12; repealed by 1959 c.411 §22]
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[Repealed or reserved.]
ORS 475.725 [1969 c.442 §2; renumbered 430.565]
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[Repealed or reserved.]
ORS 475.730 [1955 c.573 §13; repealed by 1959 c.411 §22]
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[Repealed or reserved.]
ORS 475.732 [1973 c.697 §12; repealed by 1977 c.745 §54 and 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.740 [1955 c.573 §1; repealed by 1959 c.411 §22]
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[Repealed or reserved.]
ORS 475.742 [1973 c.697 §14; repealed by 1977 c.871 §29]
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[Repealed or reserved.]
ORS 475.744 Providing hypodermic device or pipe to minor prohibited; exception. (1) A person may not sell or give a
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(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 associate licensed under ORS 677.505 to 677.525, nurse practitioner licensed un…
ORS 475.750 [1955 c.573 §3; repealed by 1959 c.411 §22]
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PENALTIES
ORS 475.752 Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance. (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 controlled substance. Any person who violates this subsection with respect to
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(a) A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise provided in ORS 475.886 and 475.890. (b) A controlled substance in Schedule II, is guilty of a Class B felony, except as otherwise provided in ORS 475.788, 475.790, 475.792, 475.878, 475.…
ORS 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
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(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…
ORS 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
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(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 syrin…
ORS 475.786 Unlawful manufacture of fentanyl. (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 fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy
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(2) Unlawful manufacture of fentanyl is a Class B felony. [2025 c.532 §5]
ORS 475.788 Unlawful manufacture of fentanyl 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 fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy, within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors
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(2) Unlawful manufacture of fentanyl within 1,000 feet of a school is a Class A felony. [2025 c.532 §6]
ORS 475.790 Unlawful delivery of fentanyl. (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 fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy
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(2) Unlawful delivery of fentanyl is a Class B felony. (3) Notwithstanding subsection (2) of this section, unlawful delivery of fentanyl is a Class A felony if the delivery is to a person under 18 years of age. [2025 c.532 §3]
ORS 475.792 Unlawful delivery of fentanyl 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 fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board of Pharmacy, within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors
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(2) Unlawful delivery of fentanyl within 1,000 feet of a school is a Class A felony. [2025 c.532 §4]
ORS 475.794 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
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(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…