2015 ORS 475.005¹
Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980

As used in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), unless the context requires otherwise:

(1) "Abuse" means the repetitive excessive use of a drug short of dependence, without legal or medical supervision, which may have a detrimental effect on the individual or society.

(2) "Administer" means the direct application of a controlled substance, whether by injection, inhalation, ingestion or any other means, to the body of a patient or research subject by:

(a) A practitioner or an authorized agent thereof; or

(b) The patient or research subject at the direction of the practitioner.

(3) "Administration" means the Drug Enforcement Administration of the United States Department of Justice, or its successor agency.

(4) "Agent" means an authorized person who acts on behalf of or at the direction of a manufacturer, distributor or dispenser. It does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

(5) "Board" means the State Board of Pharmacy.

(6) "Controlled substance":

(a) Means a drug or its immediate precursor classified in Schedules I through V under the federal Controlled Substances Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035 (Authority to control schedule). The use of the term "precursor" in this paragraph does not control and is not controlled by the use of the term "precursor" in ORS 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)).

(b) Does not mean industrial hemp, as defined in ORS 571.300 (Definitions for ORS 571.300 to 571.315), or industrial hemp commodities or products.

(7) "Counterfeit substance" means a controlled substance or its container or labeling, which, without authorization, bears the trademark, trade name, or other identifying mark, imprint, number or device, or any likeness thereof, of a manufacturer, distributor or dispenser other than the person who in fact manufactured, delivered or dispensed the substance.

(8) "Deliver" or "delivery" means the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance, whether or not there is an agency relationship.

(9) "Device" means instruments, apparatus or contrivances, including their components, parts or accessories, intended:

(a) For use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals; or

(b) To affect the structure of any function of the body of humans or animals.

(10) "Dispense" means to deliver a controlled substance to an ultimate user or research subject by or pursuant to the lawful order of a practitioner, and includes the prescribing, administering, packaging, labeling or compounding necessary to prepare the substance for that delivery.

(11) "Dispenser" means a practitioner who dispenses.

(12) "Distributor" means a person who delivers.

(13) "Drug" means:

(a) Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States or official National Formulary, or any supplement to any of them;

(b) Substances intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals;

(c) Substances (other than food) intended to affect the structure or any function of the body of humans or animals; and

(d) Substances intended for use as a component of any article specified in paragraph (a), (b) or (c) of this subsection; however, the term does not include devices or their components, parts or accessories.

(14) "Electronically transmitted" or "electronic transmission" means a communication sent or received through technological apparatuses, including computer terminals or other equipment or mechanisms linked by telephone or microwave relays, or any similar apparatus having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.

(15) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container, except that this term does not include the preparation or compounding of a controlled substance:

(a) By a practitioner as an incident to administering or dispensing of a controlled substance in the course of professional practice; or

(b) By a practitioner, or by an authorized agent under the practitioner’s supervision, for the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale.

(16) "Marijuana":

(a) Except as provided in this subsection, means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin.

(b) Does not mean the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(c) Does not mean industrial hemp, as defined in ORS 571.300 (Definitions for ORS 571.300 to 571.315), or industrial hemp commodities or products.

(17) "Person" includes a government subdivision or agency, business trust, estate, trust or any other legal entity.

(18) "Practitioner" means physician, dentist, veterinarian, scientific investigator, certified nurse practitioner, physician assistant or other person licensed, registered or otherwise permitted by law to dispense, conduct research with respect to or to administer a controlled substance in the course of professional practice or research in this state but does not include a pharmacist or a pharmacy.

(19) "Prescription" means a written, oral or electronically transmitted direction, given by a practitioner for the preparation and use of a drug. When the context requires, "prescription" also means the drug prepared under such written, oral or electronically transmitted direction. Any label affixed to a drug prepared under written, oral or electronically transmitted direction shall prominently display a warning that the removal thereof is prohibited by law.

(20) "Production" includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance.

(21) "Research" means an activity conducted by the person registered with the federal Drug Enforcement Administration pursuant to a protocol approved by the United States Food and Drug Administration.

(22) "Ultimate user" means a person who lawfully possesses a controlled substance for the use of the person or for the use of a member of the household of the person or for administering to an animal owned by the person or by a member of the household of the person.

(23) "Within 1,000 feet" means a straight line measurement in a radius extending for 1,000 feet or less in every direction from a specified location or from any point on the boundary line of a specified unit of property. [1977 c.745 §1; 1979 c.777 §49; 1979 c.785 §5; 1981 c.220 §1; 1981 c.666 §1; 1987 c.657 §8; 1995 c.440 §22; 2001 c.615 §15; 2001 c.623 §3; 2009 c.897 §4; 2013 c.588 §1]

Notes of Decisions

In General

Although generally accepted scientific view is that marijuana is properly classified as Cannabis family Cannabaceae, legislative defini­tion of marijuana as Cannabis family Moraceae is not sufficient to render statute ineffective. State v. Bailey, 41 Or App 375, 597 P2d 1312 (1979)

Fact that experts may disagree as to what is "stalk" or "stem" of marijuana plant after plant has been cut up, or whether seeds are sterile and whether ma­te­ri­al is dry when weighed does not render this sec­tion void for vagueness. State v. Mellinger, 52 Or App 21, 627 P2d 897 (1981)

Although controlled substance is defined by reference to federal act, 21 U.S.C. 811 to 812, statute does not adopt federal scheduling criteria, and Oregon has chosen not to exclude marijuana as Schedule I controlled substance, even though under [former] ORS 475.515 marijuana may be used for medicinal purposes. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Under Oregon's Controlled Substances Act, which is substantial adop­tion of Uniform Controlled Substances Act, but which did not adopt crime of pos­ses­sion of controlled substance with intent to transfer, at­tempted transfer is punishable as completed transfer. State v. Boyd, 92 Or App 51, 756 P2d 1276 (1988), Sup Ct review denied

Delivery does not include acceptance of transfer. State v. Frederickson, 92 Or App 223, 757 P2d 1366 (1988)

Where defendant was convicted for delivery of controlled substances, pos­ses­sion of quantity of methamphetamine and heroin consistent with trafficking in controlled substances and pos­ses­sion of items associated with drug trafficking, evidence existed that defendant had taken substantial step toward com­mis­sion of that crime. State v. Aguilar, 96 Or App 506, 773 P2d 17 (1989), Sup Ct review denied

Defendant's pos­ses­sion of precursor chemicals, laboratory equip­ment, formulas and other ma­te­ri­als necessary to produce methamphetamine constituted prepara­tion and thus, manufacture under this sec­tion. State v. Brown, 109 Or App 636, 820 P2d 878 (1991), Sup Ct review denied

Mere removal of individual por­tion from larger quantity of controlled substance does not constitute "packaging or repackaging," and thus is not "manufacture" of controlled substance. State v. Tellez, 170 Or App 745, 14 P3d 78 (2000)

Offer to sell controlled substance is substantial step toward com­mis­sion of "delivery" by at­tempted transfer. State v. Pollock, 189 Or App 38, 73 P3d 297 (2003), aff'd on other grounds, 337 Or 618, 102 P3d 684 (2004)

Law Review Cita­tions

Under Former Similar Statute (Ors 474.010)

51 OLR 561 (1972)

In General

87 OLR 783 (2008)

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/­ors475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.