Title 37, Alcoholic Liquors; Controlled Substances; Drugs

As used in ORS 475.005 to 475.285 and 475.752 to 475.980, unless the context requires otherwise: (1) “Abuse” means the repetitive excessive use of a drug short of dependence, without legal or medical supervision, which may have a detrimental effect on the individual or society. (…

(1) In arriving at any decision on changes in or addition to classification when changes or additions are proposed by the federal Drug Enforcement Administration or by any other reliable source, the State Board of Pharmacy shall review the scientific knowledge available regarding…

The State Board of Pharmacy shall publish the classification of controlled substances within 30 days following revision of any classification or reclassification of a controlled substance. [1977 c.745 §6; 1981 c.666 §3]

(1) The State Board of Pharmacy shall classify methamphetamine as a controlled substance in Schedule I. (2) Notwithstanding subsection (1) of this section, methamphetamine, its salts, isomers and salts of its isomers shall be classified as a controlled substance in Schedule II fo…

The State Board of Pharmacy may adopt rules relating to fees and charge reasonable fees in addition to any other fees required by statute or rule, relating to the registration and control of the manufacture, delivery and dispensing of controlled substances within this state. [197…

A person who, in good faith, makes a report of a violation of ORS 475.752 to 475.980 and who has reasonable grounds for making the report is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to making the report or to the content…

(1) Every person who manufactures, delivers or dispenses any controlled substance within this state or who proposes to engage in the manufacture, delivery or dispensing of any controlled substance within this state, must obtain annually a registration issued by the State Board of…

(1) The State Board of Pharmacy shall register or renew the registration of an applicant to manufacture or dispense controlled substances included in schedules under procedures defined in ORS 475.035, unless it determines that the issuance of that registration would be inconsiste…

(1) A registration under ORS 475.135 to manufacture, deliver or dispense a controlled substance may be suspended or revoked by the State Board of Pharmacy upon a finding that: (a) The registrant has furnished false or fraudulent material information in any application filed under…

(1) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should…

Persons registered to manufacture, deliver or dispense controlled substances under ORS 475.005 to 475.285 and 475.752 to 475.980 shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rul…

Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section. [1977 c.745 §13]

(1)(a) Except when dispensed directly by a practitioner to an ultimate user, a controlled substance in Schedule II may not be dispensed without a written or electronically transmitted prescription of a practitioner. (b) In emergency situations, as defined by rule of the State Boa…

(1)(a) Prescription drug orders may be transmitted by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist. (b) A prescription drug order for medication for the treatment of opioid use disorder that is issued by a practitioner w…

(1) Notwithstanding the provisions of ORS 475.185, upon registration with the State Board of Pharmacy, a humane society or animal control agency may purchase, possess and, subject to subsection (4) of this section, administer sodium pentobarbital and sedative and analgesic medica…

The State Board of Pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may: (1) Arrange for the exchange of informatio…

(1) The Oregon Health Authority shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs it may: (a) Promote better recognition of the problems of misuse and abuse of controlled substances with…

(1) As used in this section, “intern,” “pharmacist,” “pharmacy” and “pharmacy technician” have the meanings given those terms in ORS 689.005. (2) A pharmacist, intern or pharmacy technician may transfer a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of a…

(1) It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and 475.752 to 475.980 in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under ORS 475.005 to 475.285 and 475.752 to 475.980…

(1)(a) Whenever a person is charged with an offense listed in subsection (5) of this section, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defined by a pro…

Any penalty imposed for violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. [1977 c.745 §18; 1995 c.440 §31]

If a violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. [1977 c.745 §19; 1995 c.440…

ORS 475.005 to 475.285 and 475.752 to 475.980 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of ORS 475.005 to 475.285 and 475.752 to 475.980 among those states which enact similar laws. [1977 c.745 §28; …

ORS 475.005 to 475.285 and 475.752 to 475.980 may be cited as the Uniform Controlled Substances Act. [1977 c.745 §29; 1995 c.440 §7]

(1) As used in this section: (a) “Aerosol duster” means a product used to clean electronics and other items by means of an aerosol sprayed from a pressurized container. (b) “1,1-Difluoroethane” or “DFE” means a colorless, odorless gas with the chemical formula C2H4F2, often used …

(1) For purposes of this section and ORS 475.382 and 475.384, “finished drug product” means a drug marketed in accordance with federal Food and Drug Administration requirements that is in a finished dosage form. (2)(a) A business that makes retail sales of a finished drug product…

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, compli…

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 associati…

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. (Nitrous Oxide)…

(1) A business, or an employee of a business, that makes retail sales of nitrous oxide canisters from which an individual may directly inhale nitrous oxide may not sell or deliver a nitrous oxide canister described in this subsection to an individual who is under 18 years of age.…

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 legislat…

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…

(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 offen…

(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.

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. …

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, …

(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 …

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 47…

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]

(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 purp…

(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 carr…

(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 …

(1) The following persons shall be strictly liable for those cleanup costs incurred by the state or any other person that are attributable to or associated with an alleged illegal drug manufacturing site and for damages for injury to or destruction of any natural resources caused…

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 …

(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 …

(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 Qu…

(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 r…

(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, pr…

(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 ment…

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 ac…