2017 ORS 475.945¹
Authority and duties of Department of State Police
  • rules

This section grants authority to and establishes duties of the Department of State Police in relation to the requirements concerning precursor substances under ORS 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)). The following are applicable as described:

(1) The department may adopt rules in accordance with ORS chapter 183 that add substances to those specifically enumerated in ORS 475.940 (Precursor substances described) (3) if the substance is a precursor to a controlled substance. Similarly, the department may delete such substances as it has added by administrative rule.

(2) Notwithstanding the time period established for reporting under ORS 475.950 (Failure to report precursor substances transaction), the department may authorize the submission of such reports on a monthly basis with respect to repeated, regular transactions between the furnisher and recipient involving the same substance if the department determines that all of the following exist:

(a) A pattern of regular supply of such substance exists as between the manufacturer, wholesaler, retailer or other person who sells, transfers or otherwise furnishes such substance and the recipient of the substance.

(b) The recipient has established a record of use of the substance for lawful purposes.

(3) The department shall establish a common form for reporting or recording for purposes of ORS 475.950 (Failure to report precursor substances transaction), 475.975 (Unlawful possession of iodine in its elemental form) (3), 475.976 (Unlawful possession of iodine matrix) (3) and 475.978 (Methyl sulfonyl methane) (1). The department may include as information required to be reported or recorded on the form any information the department determines will be convenient or useful to police agencies in finding potentially illegal uses of precursor substances. The reporting or recording form shall require at least the following information:

(a) The name of the substance.

(b) The quantity of the substance sold, transferred or furnished.

(c) The date the substance was sold, transferred or furnished.

(d) The name and address of the person buying or receiving the substance accompanied by a verification of the person’s identification by means the department requires by rule.

(e) The name and address of the person selling, transferring or furnishing the substance accompanied by a verification of the person’s identification by means the department requires by rule.

(f) The name of any agent acting on behalf of any party to the transaction accompanied by a verification of the person’s identification by means the department requires by rule.

(4) The department shall establish a common reporting form for purposes of ORS 475.955 (Failure to report missing precursor substances). The department may include as information required to be reported on the form any information the department determines will be convenient or useful to police agencies in finding potentially illegal uses of precursor substances. The reporting form shall require at least the following information:

(a) The name of the person making the report.

(b) The name of the common carrier or person who transports the substance and date of shipment of the substance.

(c) The date and circumstances of discovering the loss, theft or discrepancy.

(5) The department shall furnish a copy of the report to the local law enforcement agency in whose jurisdiction the transaction occurred. [1987 c.657 §6; 2001 c.615 §12]

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.