2015 ORS 475.900¹
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) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;

(C) Ten grams or more of a mixture or substance containing a detectable amount of methamphetamine, its salts, isomers or salts of its isomers;

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

(E) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

(F) 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-ethylamphet- amine.

(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) Eight grams or more of a mixture or substance containing a detectable amount of cocaine;

(iii) Eight grams or more of a mixture or substance containing a detectable amount of methamphetamine;

(iv) Twenty or more user units of a mixture or substance containing a detectable amount of lysergic acid diethylamide;

(v) Ten grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

(vi) 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-ethylamphet:HYP amine.

(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), 475.862 (Unlawful delivery of marijuana within 1,000 feet of school), 475.868 (Unlawful manufacture of 3,4-methylene- dioxymethamphetamine within 1,000 feet of school), 475.872 (Unlawful delivery of 3,4-methylenedioxy- methamphetamine 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:

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

(B) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;

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

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

(E) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin or psilocin; or

(F) 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-ethylamphet:HYP amine.

(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:

(a) 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; or

(b) Crime category 1 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation involves possession 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]

(formerly 475.996)

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

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.