Title 37, Alcoholic Liquors; Controlled Substances; Drugs

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…

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 parap…

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 sear…

(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. …

(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 associate licensed under ORS 677.505 to 67…

(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: (a) A controlled substance in Schedule I, is guilty of a Class A fel…

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 pseudoephedrin…

(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 475.75…

(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. (2) Unlawful manufacture of fentanyl is a Class B fe…

(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 …

(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. (2) Unlawful delivery of fentanyl is a Class B felony. (…

(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 publ…

(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…

(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]

(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) Unlaw…

(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 Cla…

(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 …

(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 autho…

(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]

(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) Unlawfu…

(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 f…

(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 de…

(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 authorize…

(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]

(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) Unlawfu…

(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 f…

(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 de…

(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 authorize…

(1) It is unlawful for any person to manufacture heroin. (2) Unlawful manufacture of heroin is a Class A felony. [2005 c.708 §24]

(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.…

(1) It is unlawful for any person to deliver heroin. (2) Unlawful delivery of heroin is a Class A felony. [2005 c.708 §26]

(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 …

(1) It is unlawful for any person knowingly or intentionally to possess heroin. (2)(a) Unlawful possession of heroin is a drug enforcement misdemeanor punishable as described in ORS 475.896. (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a …

(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]

(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-ylenedioxymethampheta…