ORS 475.900
Crime category classification

  • proof of commercial drug offense

(1)

A violation of ORS 475.752 (Prohibited acts generally), 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine), 475.904 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school) or 475.906 (Penalties for unlawful delivery to minors) shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission 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 grams or more of a mixture or substance containing a detectable amount of heroin;

(B)

Five 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 grams or more of a mixture or substance containing a detectable amount of cocaine;

(D)

Ten 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 or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

(F)

Sixty 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;
(ii)
3,4-methylenedioxymethamphetamine; or
(iii)
3,4-methylenedioxy-N-ethylamphetamine.

(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 ORS 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 as defined in ORS 161.015 (General definitions), or the offender was in possession of a firearm or other deadly or dangerous weapon as defined in ORS 161.015 (General definitions) 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 grams or more of a mixture or substance containing a detectable amount of heroin;
(ii)
Three 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 grams or more of a mixture or substance containing a detectable amount of cocaine;
(iv)
Eight grams or more of a mixture or substance containing a detectable amount of methamphetamine;
(v)
Twenty or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;
(vi)
Ten grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or
(vii)
Four grams or more or 20 or more pills, tablets or capsules of a mixture or substance containing a detectable amount of:

(I)

3,4-methylenedioxyamphetamine;

(II)

3,4-methylenedioxymethamphetamine; or

(III)

3,4-methylenedioxy-N-ethylamphetamine.

(c)

The violation constitutes a violation of ORS 475.848 (Unlawful manufacture of heroin within 1,000 feet of school), 475.852 (Unlawful delivery of heroin within 1,000 feet of school), 475.868 (Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school), 475.872 (Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school), 475.878 (Unlawful manufacture of cocaine within 1,000 feet of school), 475.882 (Unlawful delivery of cocaine within 1,000 feet of school), 475.888 (Unlawful manufacture of methamphetamine within 1,000 feet of school), 475.892 (Unlawful delivery of methamphetamine within 1,000 feet of school) or 475.904 (Unlawful 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 ORS 475.906 (Penalties for unlawful delivery to minors) (1) or (2) that is not described in ORS 475.907 (Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors).

(2)

A violation of ORS 475.752 (Prohibited acts generally) or 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:

(a)

The violation constitutes delivery of heroin, cocaine, methamphetamine or 3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine or 3,4-methylenedioxy-N-ethylamphetamine and is for consideration.

(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 grams or more of a mixture or substance containing a detectable amount of heroin;

(B)

Five 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 grams or more of a mixture or substance containing a detectable amount of cocaine;

(D)

Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine;

(E)

Two hundred or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

(F)

Sixty 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;
(ii)
3,4-methylenedioxymethamphetamine; or
(iii)
3,4-methylenedioxy-N-ethylamphetamine.

(3)

Any felony violation of ORS 475.752 (Prohibited acts generally) or 475.806 (Unlawful manufacture of hydrocodone) to 475.894 (Unlawful possession of methamphetamine) not contained in subsection (1) or (2) of this section shall be classified as crime category 4 of the sentencing guidelines grid of the Oregon Criminal Justice Commission 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 section. 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. [Formerly 475.996; 2007 c.494 §1; 2013 c.649 §1; 2015 c.614 §126; 2017 c.21 §28; 2021 c.591 §40]

Source: Section 475.900 — Crime category classification; proof of commercial drug offense, https://www.­oregonlegislature.­gov/bills_laws/ors/ors475.­html.

Notes of Decisions

Where defendant was indicted under unconstitutionally vague crime category statute, then reindicted under clarified statute, ex post facto clause did not prohibit conviction. State v. Perez, 119 Or App 436, 851 P2d 617 (1993), Sup Ct review denied

Use of term “substantial quantity” in both count for delivery and count for possession did not serve notice on defendant that quantity alleged in possession count exceeded enhanced category threshold for possession. State v. Griffen, 131 Or App 79, 883 P2d 1315 (1994), Sup Ct review denied

“Public lands” refers to land owned by any unit of government. State v. Holloway, 138 Or App 260, 908 P2d 324 (1995)

Violation of multiple offense subcategories in committing same act does not create multiple offenses. State v. Wright, 150 Or App 159, 945 P2d 1083 (1997), Sup Ct review denied

Proof that delivery or manufacture of controlled substance “involves” substantial quantities of controlled substance is not established by merely showing that person involved in delivery or manufacture also possesses substantial quantities of controlled substance. State v. Paetehr, 169 Or App 157, 7 P3d 708 (2000)

Defendant took “security measures with potential of injuring persons” when defendant set up electronic surveillance system and utilized armed guard. State v. Moore, 172 Or App 371, 19 P3d 911 (2001), Sup Ct review denied

For purposes of sentence enhancement, threshold quantity of “mixture or substance” containing detectable amount of methamphetamine must be in marketable form. State v. Slovik, 188 Or App 263, 71 P3d 159 (2003)

Possession of any controlled substance listed in statute in quantity specified in statute serves as enhancement factor for any possession offense. State v. Cam, 255 Or App 1, 296 P3d 578 (2013), Sup Ct review denied

As used in this section, “drug transaction records” refers to intentionally retained notations of events; therefore, defendant’s text messages alone, without evidence to support finding that defendant retained text messages for record-keeping purposes, are not drug transaction records. State v. Rankins, 280 Or App 673, 382 P3d 530 (2016)

Where state did not show that defendant had entered into agreement for sale of methamphetamine in his possession or that defendant had otherwise received payment or promise of payment, state failed to prove that delivery “was for consideration” as used in subsection (1)(b)(A) of this section. State v. Villagomez, 281 Or App 29, 380 P3d 1150 (2016), aff’d 362 Or 390, 412 P3d 183 (2018)

Where defendant mentioned needing to make money, attempted to solicit sexual favors from third party in exchange for methamphetamine and separated methamphetamine into multiple bags, but did not sell or agree to sell methamphetamine, defendant did not merit enhanced sentence because proof that delivery “is for consideration” requires evidence that defendant entered into agreement to sell, or completed sale of, methamphetamine. State v. Stewart, 362 Or 638, 413 P3d 959 (2018)

475.005
Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980
475.035
Authority to control schedule
475.055
Publishing of schedules
475.065
Classification of methamphetamine
475.095
Rules
475.101
Immunity for reporting violation
475.125
Registration requirements
475.135
Grounds to grant or deny registration
475.145
Revocation and suspension of registration
475.155
Order to show cause
475.165
Records of registrants
475.175
When order forms required
475.185
When prescriptions required
475.188
Prescription drug orders
475.190
Exception to prescription requirement
475.215
Cooperative arrangements
475.225
Education and research
475.230
Transfer of pseudoephedrine without prescription
475.235
Burden of proof
475.237
Treatment of offense as Class E violation
475.245
Conditional discharge
475.255
Status of penalties
475.265
When prosecution barred
475.275
Uniformity of interpretation
475.285
Short title
475.380
Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger
475.382
Limitation on compliance requirements
475.384
Trade association list of marketed products containing dextromethorphan
475.386
State preemption
475.390
Prohibition on retail sale of nitrous oxide to individual under 18 years of age
475.405
Definitions for ORS 475.405 to 475.495
475.415
Request for cleanup
475.425
Environmental Quality Commission rules
475.435
Authority of director
475.445
Site entry
475.455
Liability of certain persons for cleanup costs
475.465
Liability of state for cleanup
475.475
Department record of costs
475.485
Costs and penalties as lien
475.495
Illegal Drug Cleanup Fund
475.525
Sale of drug paraphernalia prohibited
475.535
Action to enforce ORS 475.525 to 475.565
475.545
Order of forfeiture of paraphernalia
475.555
Seizure of drug paraphernalia
475.565
Civil penalty for violation of ORS 475.525
475.744
Providing hypodermic device to minor prohibited
475.752
Prohibited acts generally
475.754
Affirmative defense to unlawfully possessing pseudoephedrine
475.757
Syringe service program as affirmative defense to unlawful possession of controlled substance
475.806
Unlawful manufacture of hydrocodone
475.808
Unlawful manufacture of hydrocodone within 1,000 feet of school
475.810
Unlawful delivery of hydrocodone
475.812
Unlawful delivery of hydrocodone within 1,000 feet of school
475.814
Unlawful possession of hydrocodone
475.816
Unlawful manufacture of methadone
475.818
Unlawful manufacture of methadone within 1,000 feet of school
475.820
Unlawful delivery of methadone
475.822
Unlawful delivery of methadone within 1,000 feet of school
475.824
Unlawful possession of methadone
475.826
Unlawful manufacture of oxycodone
475.828
Unlawful manufacture of oxycodone within 1,000 feet of school
475.830
Unlawful delivery of oxycodone
475.832
Unlawful delivery of oxycodone within 1,000 feet of school
475.834
Unlawful possession of oxycodone
475.846
Unlawful manufacture of heroin
475.848
Unlawful manufacture of heroin within 1,000 feet of school
475.850
Unlawful delivery of heroin
475.852
Unlawful delivery of heroin within 1,000 feet of school
475.854
Unlawful possession of heroin
475.866
Unlawful manufacture of 3,4-methylenedioxymethamphetamine
475.868
Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
475.870
Unlawful delivery of 3,4-methylenedioxymethamphetamine
475.872
Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school
475.874
Unlawful possession of 3,4-methylenedioxymethamphetamine
475.876
Unlawful manufacture of cocaine
475.878
Unlawful manufacture of cocaine within 1,000 feet of school
475.880
Unlawful delivery of cocaine
475.882
Unlawful delivery of cocaine within 1,000 feet of school
475.884
Unlawful possession of cocaine
475.886
Unlawful manufacture of methamphetamine
475.888
Unlawful manufacture of methamphetamine within 1,000 feet of school
475.890
Unlawful delivery of methamphetamine
475.892
Unlawful delivery of methamphetamine within 1,000 feet of school
475.894
Unlawful possession of methamphetamine
475.898
Immunity from drug-related offenses for emergency medical assistance
475.900
Crime category classification
475.902
Directives to Oregon Criminal Justice Commission
475.904
Unlawful manufacture or delivery of controlled substance within 1,000 feet of school
475.906
Penalties for unlawful delivery to minors
475.907
Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors
475.908
Causing another person to ingest a controlled substance
475.910
Application of controlled substance to the body of another person
475.912
Unlawful delivery of imitation controlled substance
475.914
Prohibited acts for registrants
475.916
Prohibited acts involving records and fraud
475.918
Falsifying drug test results
475.920
Providing drug test falsification equipment
475.924
Definitions for ORS 164.061, 475.907, 475.924 and 475.925
475.925
Sentences for certain controlled substance offenses
475.930
Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925
475.934
Sentencing of persons with previous conviction for controlled substance offense
475.935
Presumptive sentences for certain methamphetamine offenses
475.940
Precursor substances described
475.945
Authority and duties of Department of State Police
475.947
Warning notice for precursor substance violation
475.949
Injunctive relief for precursor substance violation
475.950
Failure to report precursor substances transaction
475.955
Failure to report missing precursor substances
475.960
Illegally selling drug equipment
475.962
Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance
475.965
Providing false information on precursor substances report or record
475.967
Possession of precursor substance with intent to manufacture controlled substance
475.969
Unlawful possession of phosphorus
475.971
Unlawful possession of anhydrous ammonia
475.973
Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine
475.975
Unlawful possession of iodine in its elemental form
475.976
Unlawful possession of iodine matrix
475.977
Possessing or disposing of methamphetamine manufacturing waste
475.978
Methyl sulfonyl methane
475.979
Unlawful possession of lithium metal or sodium metal
475.980
Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)
Green check means up to date. Up to date