except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's' unlawful for anyone to intentionally apply a controlled substance to the body of another person by injection, inhalation, ingestion or any other means if the other person is under 18. Violating this statute results in the following criminal violations:

(1) F(a): applying a schedule 1 or schedule 2 controlled substance

(2) F(b): applying a schedule 3 controlled substance

(3) F(c): applying a schedule 4 controlled substance

(4) M(a): applying a schedule 5 controlled substance

(1) F(b): knowingly or intentionally causes the victim to ingest, other than by administering or dispensing, a controlled substance or a controlled substance analog without victim's consent

(2) F(a): with intent of committing or facilitating a crime of violence against the victim, knowingly or intentionally causes the victim to ingest a controlled substance or a controlled substance analog without victim's consent

(1) it's unlawful for anyone to knowingly or intentionally:

(a) deliver as a registrant a controlled substance classified in schedule 1 or schedule 2, except pursuant to an order form as required 475.175 (when order forms required)

(b) use in the course of manufacture or delivery of a controlled substance a registration number which is fictitious, revoked, suspended or issued to another person

(c) acquire or to attempt to acquire or obtain or attempt to obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge

(d) furnish false or fraudulent material information in, or omit any material information from, any application, report, record or other document required to be kept or filed under 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...) OR

(e) make, deliver or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render the drug a counterfeit substance

(1) A violation of: •475.752 (prohibited controlled substance acts generally) •475.806 to 475.894, •475.904 or 475.906
will be classified as crime category 8 of the sentencing guidelines grid if:

(a) The violation constitutes delivery or manufacture of a controlled substance and involves substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:

(A) Five (5) grams or more of a mixture or substance containing a detectable amount of heroin;

(B) Five (5) grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the Oregon Board of Pharmacy

(C) Ten (10) grams or more of a mixture or substance containing a detectable amount of cocaine

(D) Ten (10) grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers

(E) Two hundred (200) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD)

(F) Sixty (60) )grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin OR

(G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(i) 3,4-methylenedioxyamphetamine (MDA)

(ii) 3,4-methylenedioxymethamphetamine (MDMA) OR

(iii) 3,4-methylenedioxy-N-ethylamphetamine (MDE)

(b) The violation constitutes possession, delivery or manufacture of a controlled substance and the possession, delivery or manufacture is a commercial drug offense. A possession, delivery or manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at least three of the following factors:

(A) The delivery was of heroin, cocaine, methamphetamine, lysergic acid diethylamide, psilocybin or psilocin and was for consideration

(B) The offender was in possession of $300 or more in cash

(C) The offender was: •unlawfully in possession of a firearm or other weapon as described in 166.270 (possession of weapons by certain felons)(2) OR •the offender used, attempted to use or threatened to use a deadly or dangerous weapon, OR •the offender was in possession of a firearm or other deadly or dangerous weapon for the purpose of using it in connection with a controlled substance offense

(D) The offender was in possession of materials being used for the packaging of controlled substances such as scales, wrapping or foil, other than the material being used to contain the substance that is the subject of the offense

(E) The offender was in possession of drug transaction records or customer lists

(F) The offender was in possession of stolen property

(G) Modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled substance offense

(H) The offender was in possession of manufacturing paraphernalia, including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment

(I) The offender was using public lands for the manufacture of controlled substances

(J) The offender had constructed fortifications or had taken security measures with the potential of injuring persons OR

(K) The offender was in possession of controlled substances in an amount greater than:

(i) Three (3) grams or more of a mixture or substance containing a detectable amount of heroin

(ii) Three (3) grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the Oregon Board of Pharmacy

(iii) Eight (8) grams or more of a mixture or substance containing a detectable amount of cocaine

(iv) Eight (8) grams or more of a mixture or substance containing a detectable amount of methamphetamine

(v) Twenty (20) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide

(vi) Ten (10) grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

(vii) Four (4) grams or more or twenty (20) or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(I) 3,4-methylenedioxyamphetamine (MDA)

(II) 3,4-methylenedioxymethamphetamine (MDMA) OR

(III) 3,4-methylenedioxy-N-ethylamphetamine (MDE)

(c) The violation constitutes a violation of:

(bullet) 475.848 (manufacture w/in 1000ft of a school - heroin)

(bullet) 475.852 (delivery w/in 1000ft of school - heroin)

(bullet) 475.868 (manufacture w/in 1000ft of a school - mdma)

(bullet) 475.872 (delivery w/in 1000ft of school - mdma)

(bullet) 475.878 (manufacture w/in 1000ft of a school - cocaine)

(bullet) 475.882 (delivery w/in 1000 ft of school - cocaine)

(bullet) 475.888 (manufacture w/in 1000ft of a school - methamphetamine)

(bullet) 475.892 (delivery w/in 1000ft of school - methamphetamine)

(bullet) 475.904 (manufacture or delivery of controlled substance within 1,000 feet of school)

(d) The violation constitutes manufacturing methamphetamine and the manufacturing consists of:

(A) A chemical reaction involving one or more precursor substances for the purpose of manufacturing methamphetamine OR

(B) Grinding, soaking or otherwise breaking down a precursor substance for the purpose of manufacturing methamphetamine

(e) The violation constitutes a violation of 475.906 (Penalties for unlawful delivery to minors ) (1) or (2) that is not described in 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors)

(2) A violation of ORS 475.752 or 475.806 to 475.894 shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if

(a) The violation constitutes a violation of 475.906 (Penalties for unlawful delivery to minors ) (1) or (2) that is not described in 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors)

(b) The violation constitutes possession of substantial quantities of a controlled substance. For purposes of this paragraph, the following amounts constitute substantial quantities of the following controlled substances:

(A) Five (5) grams or more of a mixture or substance containing a detectable amount of heroin;

(B) Five (5) grams or more of a mixture or substance containing a detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the Oregon Board of Pharmacy

(C) Ten (10) grams or more of a mixture or substance containing a detectable amount of cocaine

(D) Ten (10) grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers

(E) Two hundred (200) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide (LSD)

(F) Sixty (60) )grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin OR

(G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(i) 3,4-methylenedioxyamphetamine (MDA)

(ii) 3,4-methylenedioxymethamphetamine (MDMA) OR

(iii) 3,4-methylenedioxy-N-ethylamphetamine (MDE)

(3) Any felony violation of ORS 475.752 or 475.806 to 475.894 not contained in subsection (1) or (2) of this statute will be classified as crime category 4 of the sentencing guidelines grid if the violation involves delivery or manufacture of a controlled substance

(4) In order to prove a commercial drug offense, the state shall plead in the accusatory instrument sufficient factors of a commercial drug offense under subsections (1) and (2) of this statute. The state has the burden of proving each factor beyond a reasonable doubt

(5) As used in this section, 'mixture or substance' means any mixture or substance, whether or not the mixture or substance is in an ingestible or marketable form at the time of the offense

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver cocaine

(2) F(b): unlawful delivery to anyone over 18

(3) F(a): delivery to someone under 18

(1) it's unlawful for anyone to deliver heroin

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for any person to deliver hydrocodone

(2) F(c): unlawful delivery to anyone over 18

(3) F(b): delivery to someone under 18

(1) it's unlawful for anyone to deliver MDMA

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for any person to deliver methadone

(2) F(b): unlawful delivery to anyone over 18

(3) F(a): delivery to someone under 18

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for any person to deliver methamphetamine

(2) F(b): unlawful delivery to anyone over 18

(3) F(a): delivery to someone under 18

(4) The minimum fine for unlawful delivery of methamphetamine is $500

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for any person to deliver oxycodone

(2) F(b): unlawful delivery to anyone over 18

(3) F(a): delivery to someone under 18

(1) knowingly

(a) delivers substance not a controlled substance: expressing/implying it's a controlled substance OR

(b) expressing/implying substance's nature is such that recipient will be able to distribute it as a controlled substance

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver cocaine within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

(1) it's unlawful for anyone to deliver heroin within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver hydrocodone within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

(1) it's unlawful for anyone to deliver MDMA within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver methadone within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver methamphetamine within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

(3) the minimum fine for unlawful delivery of methamphetamine within 1,000 feet of a school is $500

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver oxycodone within 1,000 feet of real property comprising public or private elementary, secondary or career school attended primarily by minors

except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to deliver a controlled substance to someone under 18. Violating this statute results in the following criminal violations:

(1) F(a): distributing a schedule 1 or schedule 2 controlled substance

(2) F(b): distributing a schedule 3 controlled substance

(3) M(a): distributing a schedule 4 controlled substance

(4) M(b): distributing a schedule 5 controlled substance

(1) the suspect intentionally uses, or possesses with intent to use, any substance or device designed to falsify the results of a drug test of the person

(1) A person commits the offense of frequenting a place where controlled substances are used if the person keeps, maintains, frequents, or remains at a place, while knowingly permitting persons to use controlled substances in such place or to keep or sell them in violation of 475.005 (definitions) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to manufacture cocaine

(1) it's unlawful for anyone to manufacture heroin

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to manufacture hydrocodone

(1) it's unlawful for anyone to manufacture MDMA

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to manufacture methadone

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to manufacture methamphetamine

(3) the minimum fine for unlawful manufacture of methamphetamine is $1000

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful for anyone to manufacture oxycodone

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it is unlawful for any person to manufacture or deliver a schedule 1, schedule 2 or schedule 3 controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors

(3) This statute doesn't apply to:

(2) A licensee or licensee representative OR

(2) anyone acting within the scope of and in compliance with 475B.301 (applicability of provisions to homegrown plants, cannabinoid products & concentrates, specified possession & delivery)

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful to manufacture cocaine within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors

(1) it's unlawful 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

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful 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

(1) it's unlawful to manufacture MDMA within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful 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

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful 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

(3) the minimum fine for unlawful manufacturing of methamphetamine within 1,000 feet of a school is $1000

(1) except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (Prohibited acts generally) to 475.980 (affirmative defense...), it's unlawful 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

(1) it's unlawful for anyone to knowingly or intentionally possess cocaine unless the substance 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 475.005 (Definitions...) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(2)(a) V(e): unlawful possession of cocaine

(b) M(a): regardless of paragraph (a) possession of two (2) or more grams of a mixture or substance containing a detectable amount of cocaine

(c) F(c):regardless of paragraphs (a) and (b):

(A) The possession is a commercial drug offense under 475.900 (crime category classification)(1)(b) OR

(B) The person possesses a substantial quantity under 475.900 (crime category classification)(2)(b)(B)
Ten (10) or more grams of a mixture or substance containing a detectable amount of cocaine

(1) it's unlawful for anyone to knowingly or intentionally possess heroine

(2)(a) V(e): unlawful possession of heroin

(b) M(a): regardless of paragraph (a)possession of one (1) or more grams of a mixture or substance containing a detectable amount of heroin

(c) F(b):regardless of paragraphs (a) and (b):

(A) The possession is a commercial drug offense under 475.900 (crime category classification)(1)(b) OR

(B) The person possesses a substantial quantity under 475.900 (crime category classification)(2)(b)(A)
Five (5) or more grams of a mixture or substance containing a detectable amount of heroin

(1) it's unlawful for anyone to knowingly or intentionally possess hydrocodone unless the substance 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 475.005 (Definitions...) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(2)(a) V(e): unlawful possession of hydrocodone

(b) M(a): Regardless of paragraph (a, unlawful possession of hydrocodone is a Class A misdemeanor if:

(A) The possession is a commercial drug offense under 475.900 (crime category classification)(1)(b) OR

(B) The person possesses forty (40) or more pills, tablets, capsules or user units of a mixture or substance containing a detectable amount of hydrocodone

(1) it's unlawful for anyone to knowingly or intentionally possess MDMA (3,4-methylenedioxymethamphetamine)

(2)(a) V(e): unlawful possession of MDMA

(b) M(a): regardless of paragraph (a)possession of one (1) gram or more or five (5) or more pills, tablets or capsules of a mixture or substance containing a detectable amount of MDMA, MDE, MDA

(c) F(b):regardless of paragraphs (a) and (b):

(A) The possession is a commercial drug offense under 475.900 (crime category classification)(1)(b) OR

(B) The person possesses a substantial quantity under 475.900 (crime category classification)(2)(b)(F)
Five grams or more or twenty-five (25) or more pills, tablets or capsules of a mixture or substance containing a detectable amount of MDMA, MDE, MDA

(1) it's unlawful for anyone to knowingly or intentionally possess methadone unless the substance 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 475.005 (Definitions...) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(2)(a) V(e): unlawful possession of methadone

(b) M(a): regardless of paragraph (a possession of forty (40) or more user units of a mixture or substance containing a detectable amount of methadone

(c) F(c): if the possession is a commercial drug offense under 475.900 (crime category classification)(1)(b)

(1) it's unlawful for anyone to knowingly or intentionally possess methamphetamine unless the substance 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 475.005 (Definitions...) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(2)(a) V(e): unlawful possession of methamphetamine

(b) M(a): regardless of paragraph (a) possession of two (2) or more grams of a mixture or substance containing a detectable amount of methamphetamine

(c) F(c):regardless of paragraphs (a) and (b):

(A) The possession is a commercial drug offense under 475.900 (crime category classification)(1)(b) OR

(B) The person possesses a substantial quantity under 475.900 (crime category classification)(2)(b)(C)
Ten (10) or more grams of a mixture or substance containing a detectable amount of methamphetamine

(1) it's unlawful for anyone to knowingly or intentionally possess oxycodone unless the substance 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 475.005 (Definitions...) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(2)(a) V(e): unlawful possession of oxycodone

(b) M(a): regardless of paragraph (a) possession of 40 or more pills, tablets, capsules or user units of a mixture or substance containing a detectable amount of methamphetamine

(c) F(c):regardless of paragraphs (a) and (b) if the possession is a commercial drug offense under 475.900 (crime category classification)(1)(b) OR

(1) proof of unlawful manufacture, cultivation, transportation or possession of a controlled substance is sufficient evidence of knowledge of its character

(2) proof of possession of a controlled substance not in the container in which it was originally delivered, sold or dispensed, when a prescription or order of a practitioner is required under the provisions of 475.005 (definitions) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...), is sufficient evidence that the possession is unlawful unless the possessor also has in possession a label prepared by the pharmacist for the drug dispensed or the possessor is authorized by 475.005 (definitions) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...) to possess the controlled substance.

(1) Except as authorized by 475.005 (Definitions) to 475.285 (Short title) & 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...), it is unlawful for anyone to manufacture or deliver a controlled substance. Anyone violating this subsection is guilty of:

(a) F(a): schedule 1 controlled substance except as otherwise provided in:

• 475.886 (manufacture - methamphetamine)

• 475.890 (delivery - methamphetamine)

(b) F(b): schedule 2 controlled substance except as otherwise provided in:

• 475.878 (manufacture w/in 1000ft of a school - cocaine)

• 475.880 (delivery - cocaine)

• 475.882 (delivery w/in 1000 ft of school - cocaine)

• 475.904 (manufacture or delivery of controlled substance within 1,000 feet of school)

• 475.906 (distribution of controlled substance to minor)

(c) F(c): schedule 3 controlled substance except as otherwise provided in:

• 475.904 (manufacture or delivery of controlled substance within 1,000 feet of school)

• 475.906 (distribution of controlled substance to minor)

(d) M(b): schedule 4 controlled substance

(e) M(c): schedule 5 controlled substance

(2) Except as authorized in 475.005 (Definitions) to 475.285 (Short title) & 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...), it is unlawful for anyone to create or deliver a counterfeit substance. Anyone violating this subsection is guilty of:

(a) F(a): schedule 1 counterfeit substance

(b) F(b): schedule 2 counterfeit substance

(c) F(c): schedule 3 counterfeit substance

(d) M(b): schedule 4 counterfeit substance

(e) M(c): schedule 5 counterfeit substance

(3) It is unlawful for anyone knowingly or intentionally to possess a controlled substance unless the substance 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 475.005 (Definitions) to 475.285 (Short title) & 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...). Anyone violating this subsection is guilty of:

(a) V(e): schedule 1 controlled substance, except as otherwise provided in:

• 475.854 (possession - heroin)

• 475.874 (possession - mdma)

• 475.894 (possession - methamphetamine) OR

• (7) below

(b) V(e): schedule 2 controlled substance, except as otherwise provided in:

• 475.824 (possession - methadone)

• 475.834 (possession - oxycodone)

• 475.884 (possession - cocaine) OR

• (8) below

(c) V(e): schedule 3 controlled substance

(d) V(e): schedule 4 controlled substance

(e) V: schedule 5 controlled substance

(4) In any prosecution under this statute for manufacture, possession or delivery of a plant of the genus Lophophora commonly known as peyote, it is an affirmative defense that the peyote is being used or is intended for use:

(a) in connection with the good faith practice of a religious belief

(b) as directly associated with a religious practice AND

(c) in a manner that is not dangerous to the health of the user or others who are in the proximity of the user

(5) the affirmative defense created in paragraph (4) is not available to any person who has possessed or delivered the peyote while incarcerated in a correctional facility in this state

(6)(a) F(c): regardless of paragraph (1), anyone who unlawfully manufactures or delivers a controlled substance in schedule 4 & who thereby causes the death to another person

(b) for purposes of this paragraph, causation is established when the controlled substance plays a substantial role in the death of the other person

(7) Regardless of paragraph (3)(a):

(a) M(a):Unlawful possession of a controlled substance in schedule 1 is a Class A misdemeanor if the person possesses:

(A) forty (40) or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide OR

(B) Twelve (12) grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin.

(b) F(b):Unlawful possession of a controlled substance in schedule 1 is a Class B felony if:

(A) The possession is a commercial drug offense under 475.900(1)(b) OR

(B) The person possesses a substantial quantity under 475.900(2)(b)

(8) F(c): regardless of paragraph (3)(b), unlawful possession of a controlled substance in schedule 2 if the

(a) possession is a commercial drug offense under 475.900 (crime category classification) (1)(b)

(b) The person possesses a substantial quantity under 475.900(2)(b)

(1) for purposes of this statute '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 making retail sales of a finished drug product containing dextromethorphan, or an employee of the business, may not sell or deliver such a product to anyone 17 or younger

(b) anyone 17 or younger may not purchase or receive a finished drug product containing dextromethorphan from a business making retail sales of the finished drug product

(3)(a) violation of subsection (2)(a):

(A) is punishable by a warning from a law enforcement agency for the first violation

(B) is punishable by a specific fine violation in an amount not to exceed:

(i) $150 for the second violation AND

(ii) $250 for the third or subsequent violation

(b) violation of subsection (2)(b)

(A) is punishable by a warning from a law enforcement agency for the first violation

(B) is punishable by a specific fine violation in an amount not to exceed $50 for the second or subsequent violation

(4) subsection (2)(a) doesn't apply to a business or an employee who sells or delivers a finished drug product containing dextromethorphan if:

(a) based on the outward appearance of the individual to whom the product is sold or delivered, a person would reasonably presume that the individual is 25 years of age or older OR

(b) before selling or delivering the finished drug product to an individual:

(A) the business or employee requires the individual to present one of the following pieces of identification:

(i) a passport;

(ii) a driver license, whether issued by this state or another state;

(iii) an identification card issued under 807.400 (Issuance)

(iv) an identification card issued by the United States military OR

(v) any other identification card issued by a state that bears a picture, the name, the date of birth and a physical description of the individual

(B) the presented identification establishes that the individual is 18 or older;

(C) the presented identification accurately describes the individual; and

(D) if the presented identification was falsified, that a reasonable person would determine, on inspecting it under the same or similar circumstances, that it wasn't altered & accurately describes the individual

(5) this statute doesn't apply to the sale, delivery, purchase or receipt of a finished drug product containing dextromethorphan if the finished drug product is sold or delivered pursuant to a valid prescription

dextromethorphan is a medication most often used as a cough suppressant in over-the-counter cold and cough medicines. It is sold in syrup, tablet, spray, and lozenge forms. It is in the morphinan class of medications with sedative, dissociative, and stimulant properties (at lower doses). Dextromethorphan possess only a minimal degree of the mu-opioid activity typical of morphinan compounds and exerts its therapeutic effects through several other receptors. In its pure form, dextromethorphan occurs as a white powder. It is also used recreationally. When exceeding approved dosages, dextromethorphan acts as a dissociative hallucinogen. It has multiple mechanisms of action, including actions as a nonselective serotonin reuptake inhibitor[4] and a sigma-1 receptor agonist.[5][6] DXM and its major metabolite, dextrorphan, also block the NMDA glutamate receptor at high doses, which produces effects similar to other dissociative anesthetics such as ketamine, nitrous oxide, and phencyclidine

(1) V(a): a business making retail sales of nitrous oxide canisters from which an someone may directly inhale nitrous oxide, or an employee of the business, may not sell or deliver such a canister from to anyone under 18

(2)(a) except as provided in paragraph (b) below, violation of this section is a Class A violation

(b) M(c): if at the time of sentencing the person has been convicted & sentenced, during a prior proceeding, under this statute

(3) This section does not apply to a business or employee who sells or delivers a nitrous oxide canister from which an individual may directly inhale nitrous oxide if, before selling or delivering the nitrous oxide canister to an individual:

(a) The business or employee requires the individual to present one of the following pieces of identification:

(A) a passport

(B) A driver license, whether issued in this state or by another state

(C) an identification card issued under 807.400 (Issuance)

(D) an identification card issued by the United States military OR

(E) any other identification card issued by a state that bears a picture, the name, the date of birth and a physical description of the individual

(b) the presented identification establishes that the individual is 18 years of age or older;

(c) the presented identification accurately describes the individual AND

(d) if the presented identification was falsified, that a reasonable person would determine, on inspecting it under the same or similar circumstances, that it wasn't altered & accurately describes the individual

(1) the suspect intentionally delivers, possesses with intent to deliver or manufactures with intent to deliver a substance or device designed to enable a person to falsify the results of a drug test

(1) No one may sell or give a hypodermic device to a minor unless the minor demonstrates a lawful need for the hypodermic device by authorization of a licensed: physician, naturopathic physician, physician assistant, nurse practitioner licensed, parent or legal guardian or by other means acceptable to the seller or donor.

It's an affirmative defense to a charge of violating 475.752 (prohibited controlled substance acts generally) by unlawfully possessing pseudoephedrine that the suspect:

(1) obtained the pseudoephedrine lawfully

(2) possessed no more than six (6) 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 with typical medicinal or household use, as indicated by factors that include but aren't limited to storage location, purchase date, possession of the products in a variety of strengths, brands, types or purposes & expiration date

(1) it's unlawful for anyone 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

(4) the provisions of this statute don't apply to anyone registered under the provisions of 475.125 (registration requirements) or to anyone specified as exempt from registration under the provisions of that statute

(5)(a) The provisions of this statute don't apply to anyone who sells or delivers marijuana paraphernalia to someone 21 or older.

(b) in determining whether an object is drug paraphernalia or marijuana paraphernalia, a trier of fact will consider, in addition to any other relevant factor, the following:

(A) any oral or written instruction provided with the object related to its use

(B) any descriptive material packaged with the object that explains or depicts its use

(C) any national or local advertising related to the object's use

(D) any proffered expert testimony related to the object's use

(E) the manner in which the object is displayed for sale, if applicable AND

(F) any other proffered evidence substantiating the object's intended use

see 475.565 (Civil penalty for violation of ORS 475.525) & 475.535 (Action to enforce ORS 475.525 to 475.565)

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 475.525 (sale of drug paraphernalia prohibited) to 475.565 (Civil penalty for violation of ORS 475.525)

(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 seizure is pursuant to a lawful order of a court, including an order issued under ORCP 83 or 166.725 (remedies for violation of ORS 166.720)

(1) the suspect knowingly"

(a) alters, defaces or removes a controlled substance label affixed by a manufacturer, wholesaler or apothecary, except that it is not unlawful for an apothecary to remove or deface such a label for the purpose of filling prescriptions

(b) affixes a false or forged label to a package or receptacle containing controlled substances

(c) makes or utters a false or forged prescription or false or forged official written order for controlled substances OR

(d) makes a false statement in any controlled substance prescription, order, report or record required by 475.005 (definitions) to 475.285 (Short title) and 475.752 (prohibited controlled substance acts generally) to 475.980 (affirmative defense...)

(1) F(a): it's unlawful for an adult to knowingly use as an aider or abettor or to knowingly solicit, force, compel, coerce or employ a minor, with or without compensation to the minor:

(a) to manufacture a controlled substance or a marijuana item

(b) to transport, carry, sell, give away, prepare for sale or otherwise distribute a controlled substance or a marijuana item

(2)(b) M(a): if the violation involves delivery for no consideration of less than one (1) ounce of usable marijuana