2017 ORS 475.380¹
Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger
  • penalties
  • exceptions

(1) For purposes of this section and ORS 475.382 (Limitation on compliance requirements) and 475.384 (Trade association list of marketed products containing dextromethorphan), “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 that makes retail sales of a finished drug product containing dextromethorphan, or an employee of the business, may not sell or deliver the finished drug product to an individual who is 17 years of age or younger.

(b) An individual who is 17 years of age or younger may not purchase or receive a finished drug product containing dextromethorphan from a business that makes retail sales of the finished drug product.

(3)(a) Violation of subsection (2)(a) of this section:

(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) of this section:

(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) of this section does not 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 finished drug 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 in this state or by another state;

(iii) An identification card issued under ORS 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 of the individual, the name of the individual, the date of birth of the individual and a physical description of the individual;

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

(C) The piece of identification presented accurately describes the individual; and

(D) If the piece of identification presented was falsified, a reasonable person would determine, upon inspecting the piece of identification under the same or similar circumstances, that the piece of identification was not altered and accurately describes the individual.

(5) This section does not 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. [2017 c.345 §1]

Note: 475.380 (Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger) to 475.386 (State preemption) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 475 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 475

Law Review Cita­tions

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

1 Legislative Counsel Committee, CHAPTER 475—Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors475.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 475, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano475.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.