Mental and Behavioral Health Treatment

ORS 430.402
Prohibitions on local governments as to crimes involving use of alcohol, cannabis or drugs


A political subdivision in this state shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind:


Public intoxication.


Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited.


Drunk and disorderly conduct.


Vagrancy or other behavior that includes as one of its elements either drinking alcoholic beverages or using cannabis or controlled substances in public, being an alcoholic or a drug-dependent person, or being found in specified places under the influence of alcohol, cannabis or controlled substances.


Using or being under the influence of cannabis or controlled substances.


Nothing in subsection (1) of this section shall affect any local law or regulation of any political subdivision in this state against driving while under the influence of intoxicants, as defined in ORS 813.010 (Driving under the influence of intoxicants), or other similar offenses that involve the operation of motor vehicles. [Formerly 430.325; 2017 c.21 §60]

Where city ordinance prohibiting public drinking is general ban on drinking in public rather than partial or selective ban targeting certain locations, hours or types of alcohol, ordinance is not preempted by this section. State v. Uroza-Zuniga, 364 Or 682, 439 P3d 973 (2019)

Attorney General Opinions

Drunkenness as element of crime of disorderly conduct, breach of peace or vagrancy, (1975) Vol 37, p 647


Last accessed
May 26, 2023