Controlled Substances

ORS 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 effects, patterns of use and misuse, and potential consequences of abuse, and consider the judgment of individuals with training and experience with the substance.

(2)

Whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof.

(3)

If a substance is an ingredient of a controlled substance, the ingredient shall be considered to be in the same schedule as that controlled substance. Substances which are precursors of the ingredient shall not be subject to control solely because they are precursors of the ingredient. The use of the term “precursor” in this subsection does not control and is not controlled by the use of the term “precursor” in ORS 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)).

(4)

The board shall administer ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) in accordance with ORS chapter 183.

(5)

Authority to control under this section does not extend to tobacco or to alcoholic beverages as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473). [1977 c.745 §5; 1981 c.666 §2; 1987 c.657 §9; 1995 c.301 §31; 1995 c.440 §23; 2001 c.615 §16]

Notes of Decisions

Under Former Similar Statute

It was not intention of legislature that Drug Advisory Council also give public notice of hearing prior to determination that drug is dangerous. State v. Alexander, 6 Or App 526, 487 P2d 1151 (1971)

In General

Board of Pharmacy was not prohibited from classifying precursor of ingredient as subject to control where factors other than being precursor warrant classification. State v. Kast, 120 Or App 74, 852 P2d 242 (1993)

Power of Board of Pharmacy to identify controlled substances was sufficiently circumscribed to withstand challenge of unconstitutional delegation of legislative power. State v. Kast, 120 Or App 74, 852 P2d 242 (1993)

Atty. Gen. Opinions

In General

Effect of US Drug Enforcement Administration's reclassifying substance before Oregon Controlled Substances Committee prepares schedules, (1978) Vol 39, p 376; Federal preemption of controlled substance classifications, (1980) Vol 40, p 253

Law Review Citations

Under Former Similar Statute (Ors 475.010)

51 OLR 561, 696-715 (1972)

Chapter 475

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021