2007 ORS 475.950¹
Failure to report precursor substances transaction

(1) A person commits the offense of failure to report a precursor substances transaction if the person does any of the following:

(a) Sells, transfers or otherwise furnishes any precursor substance described in ORS 475.940 (Precursor substances described) (3)(a) to (hh) and (oo) and does not, at least three days before delivery of the substance, submit to the Department of State Police a report that meets the reporting requirements established by rule under ORS 475.945 (Authority and duties of Department of State Police).

(b) Receives any precursor substance described in ORS 475.940 (Precursor substances described) (3)(a) to (hh) and (oo) and does not, within 10 days after receipt of the substance, submit to the Department of State Police a report that meets the reporting requirements established by rule under ORS 475.945 (Authority and duties of Department of State Police).

(2) This section does not apply to any of the following:

(a) Any pharmacist or other authorized person who sells or furnishes a precursor substance upon the prescription of a physician, dentist, podiatric physician and surgeon or veterinarian.

(b) Any practitioner, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), who administers or furnishes a precursor substance to patients upon prescription.

(c) Any person licensed by the State Board of Pharmacy who sells, transfers or otherwise furnishes a precursor substance to a licensed pharmacy, physician, dentist, podiatric physician and surgeon or veterinarian for distribution to patients upon prescription.

(d) Any person who is authorized by rule under ORS 475.945 (Authority and duties of Department of State Police) to report in an alternate manner if the person complies with the alternate reporting requirements.

(e) Any patient of a practitioner, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), who obtains a precursor substance from a licensed pharmacist, physician, dentist, podiatric physician and surgeon or veterinarian pursuant to a prescription.

(f) Any person who sells or transfers ephedrine, pseudoephedrine or phenylpropanolamine in compliance with ORS 475.973 (Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine).

(g) Any practitioner, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), who dispenses a precursor substance to a person with whom the practitioner has a doctor-patient or doctor-client relationship.

(h) Any person who obtains a precursor substance from a practitioner, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.840 to 475.980), with whom the person has a doctor-patient or doctor-client relationship.

(i) Any person who sells or transfers an isomer of a precursor substance, unless it is an optical isomer.

(3) Penalties related to providing false information on a report required under this section are provided under ORS 475.965 (Providing false information on precursor substances report or record).

(4) The Department of State Police and any law enforcement agency may inspect and remove copies of the sales records of any retail or wholesale distributor of methyl sulfonyl methane or a precursor substance during the normal business hours of the retail or wholesale distributor or may require the retail or wholesale distributor to provide copies of the records.

(5) Failure to report a precursor substances transaction is a Class A misdemeanor. [1987 c.657 §2; 2001 c.615 §2; 2003 c.448 §2; 2005 c.706 §18; 2007 c.253 §1]

Law Review Cita­tions

27 WLR 346 (1991)

Chapter 475

Law Review Cita­tions

51 OLR 561 (1972); 69 OLR 171 (1990)

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­475ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.