ORS 475.950
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 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 licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs), naturopathic physician licensed under ORS chapter 685, dentist or veterinarian.

(b)

Any practitioner, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 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 licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs), naturopathic physician licensed under ORS chapter 685, dentist 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 475.752 to 475.980), who obtains a precursor substance from a licensed pharmacist, physician licensed under ORS chapter 677, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs), naturopathic physician licensed under ORS chapter 685, dentist or veterinarian pursuant to a prescription.

(f)

Any person who sells or transfers ephedrine, pseudoephedrine or phenylpropanolamine in compliance with ORS 475.230 (Transfer of pseudoephedrine without prescription) or 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 475.752 to 475.980), who dispenses a precursor substance to a person with whom the practitioner has a professional 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 475.752 to 475.980), with whom the person has a professional 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; 2013 c.129 §33; 2014 c.45 §66; 2017 c.356 §76; 2021 c.297 §3]

Source: Section 475.950 — Failure to report precursor substances transaction, https://www.­oregonlegislature.­gov/bills_laws/ors/ors475.­html.

Law Review Citations

27 WLR 346 (1991)

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