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Oregon Revised Statutes Chapter 475 — Controlled Substances; Illegal Drug Cleanup; Miscellaneous Drugs; Paraphernalia; Precursors
Oregon · statute · Or. Rev. Stat. ch. 475 · 135 active provisions
Provisions
Or. Rev. Stat. § 475.005
Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980
As used in ORS 475.005 to 475.285 and 475.752 to 475.980, 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 applica…
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Or. Rev. Stat. § 475.035
Authority to control schedule; rules
(1) In arriving at any decision on changes in or addition to classification when changes or additions are proposed by the federal Drug Enforcement Administration or by any other reliable source, the State Board of Pharmacy shall review the scientific knowledge available regarding the substance, its pharmacological effe…
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Or. Rev. Stat. § 475.055
Publishing of schedules
The State Board of Pharmacy shall publish the classification of controlled substances within 30 days following revision of any classification or reclassification of a controlled substance.
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Or. Rev. Stat. § 475.065
Classification of methamphetamine; exceptions
(1) The State Board of Pharmacy shall classify methamphetamine as a controlled substance in Schedule I. (2) Notwithstanding subsection (1) of this section, methamphetamine, its salts, isomers and salts of its isomers shall be classified as a controlled substance in Schedule II for purposes of currently accepted medical…
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Or. Rev. Stat. § 475.095
Rules; fees
The State Board of Pharmacy may adopt rules relating to fees and charge reasonable fees in addition to any other fees required by statute or rule, relating to the registration and control of the manufacture, delivery and dispensing of controlled substances within this state.
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Or. Rev. Stat. § 475.101
Immunity for reporting violation
A person who, in good faith, makes a report of a violation of ORS 475.752 to 475.980 and who has reasonable grounds for making the report is immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to making the report or to the content of the report. The person has the same…
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Or. Rev. Stat. § 475.125
Registration requirements
(1) Every person who manufactures, delivers or dispenses any controlled substance within this state or who proposes to engage in the manufacture, delivery or dispensing of any controlled substance within this state, must obtain annually a registration issued by the State Board of Pharmacy in accordance with its rules.…
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Or. Rev. Stat. § 475.135
Grounds to grant or deny registration; scope of registration; effect of federal registration
(1) The State Board of Pharmacy shall register or renew the registration of an applicant to manufacture or dispense controlled substances included in schedules under procedures defined in ORS 475.035, unless it determines that the issuance of that registration would be inconsistent with the public interest. In determin…
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Or. Rev. Stat. § 475.145
Revocation and suspension of registration
(1) A registration under ORS 475.135 to manufacture, deliver or dispense a controlled substance may be suspended or revoked by the State Board of Pharmacy upon a finding that: (a) The registrant has furnished false or fraudulent material information in any application filed under ORS 475.005 to 475.285 and 475.752 to 4…
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Or. Rev. Stat. § 475.155
Order to show cause
(1) Before denying, suspending or revoking a registration, or refusing a renewal of registration, the State Board of Pharmacy shall serve upon the applicant or registrant an order to show cause why registration should not be denied, revoked or suspended, or why the renewal should not be refused. The order to show cause…
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Or. Rev. Stat. § 475.165
Records of registrants
Persons registered to manufacture, deliver or dispense controlled substances under ORS 475.005 to 475.285 and 475.752 to 475.980 shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of federal law and with any additional rules the State Board of Pharmacy issues. […
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Or. Rev. Stat. § 475.175
When order forms required
Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. Compliance with the provisions of federal law respecting order forms shall be deemed compliance with this section.
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Or. Rev. Stat. § 475.185
When prescriptions required
(1)(a) Except when dispensed directly by a practitioner to an ultimate user, a controlled substance in Schedule II may not be dispensed without a written or electronically transmitted prescription of a practitioner. (b) In emergency situations, as defined by rule of the State Board of Pharmacy, Schedule II drugs may be…
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Or. Rev. Stat. § 475.188
Prescription drug orders; electronic transmission
(1)(a) Prescription drug orders may be transmitted by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist. (b) A prescription drug order for medication for the treatment of opioid use disorder that is issued by a practitioner who is a pharmacist may be electronically…
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Or. Rev. Stat. § 475.190
Exception to prescription requirement; rules
(1) Notwithstanding the provisions of ORS 475.185, upon registration with the State Board of Pharmacy, a humane society or animal control agency may purchase, possess and, subject to subsection (4) of this section, administer sodium pentobarbital and sedative and analgesic medications to euthanize injured, sick, homele…
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Or. Rev. Stat. § 475.215
Cooperative arrangements
The State Board of Pharmacy shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and in suppressing the abuse of controlled substances. To this end, it may: (1) Arrange for the exchange of information among governmental officials concernin…
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Or. Rev. Stat. § 475.225
Education and research
(1) The Oregon Health Authority shall carry out educational programs designed to prevent and deter misuse and abuse of controlled substances. In connection with these programs it may: (a) Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among inte…
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Or. Rev. Stat. § 475.230
Transfer of pseudoephedrine without prescription; limitations; rules; penalty
(1) As used in this section, “intern,” “pharmacist,” “pharmacy” and “pharmacy technician” have the meanings given those terms in ORS 689.005. (2) A pharmacist, intern or pharmacy technician may transfer a drug containing pseudoephedrine or ephedrine or a salt, isomer or salt of an isomer of pseudoephedrine or ephedrine…
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Or. Rev. Stat. § 475.235
Burden of proof; status of analysis of controlled substance; notice of objection
(1) It is not necessary for the state to negate any exemption or exception in ORS 475.005 to 475.285 and 475.752 to 475.980 in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under ORS 475.005 to 475.285 and 475.752 to 475.980. The burden of proof of any exemption o…
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Or. Rev. Stat. § 475.245
Conditional discharge
(1)(a) Whenever a person is charged with an offense listed in subsection (5) of this section, the court, with the consent of the district attorney and the person, may defer further proceedings and place the person on probation. The terms of the probation shall be defined by a probation agreement. (b) A probation agreem…
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Or. Rev. Stat. § 475.255
Status of penalties
Any penalty imposed for violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
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Or. Rev. Stat. § 475.265
When prosecution barred
If a violation of ORS 475.005 to 475.285 and 475.752 to 475.980 is a violation of a federal law or the law of another state, a conviction or acquittal under federal law or the law of another state for the same act is a bar to prosecution in this state. [1977 c.745 §19; 1995 c.440 §32] (Interpretation; Title)
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Or. Rev. Stat. § 475.275
Uniformity of interpretation
ORS 475.005 to 475.285 and 475.752 to 475.980 shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of ORS 475.005 to 475.285 and 475.752 to 475.980 among those states which enact similar laws.
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Or. Rev. Stat. § 475.285
Short title
ORS 475.005 to 475.285 and 475.752 to 475.980 may be cited as the Uniform Controlled Substances Act.
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Or. Rev. Stat. § 475.376
Prohibition on retail sale of aerosol duster that contains 1,1-Difluoroethane to individual under 18 years of age; labeling requirement; exceptions; penalties
(1) As used in this section: (a) “Aerosol duster” means a product used to clean electronics and other items by means of an aerosol sprayed from a pressurized container. (b) “1,1-Difluoroethane” or “DFE” means a colorless, odorless gas with the chemical formula C2H4F2, often used as a refrigerant or propellant and that…
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