(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.
(2)Persons registered by the board under 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)) to manufacture, deliver, dispense or conduct research with controlled substances may possess, manufacture, deliver, dispense or conduct research with those substances to the extent authorized by their registration and in conformity with the other provisions of ORS 475.095 (Rules) and 475.125 (Registration requirements) to 475.185 (When prescriptions required) and other applicable laws of this state.
(3)The following persons need not register and may lawfully possess controlled substances under 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)):
(a)An agent or employee of any registered manufacturer, distributor or dispenser of any controlled substance if the agent or employee is acting in the usual course of business or employment.
(b)A common or contract carrier or warehouseman, or an employee thereof, whose possession of any controlled substance is in the usual course of business or employment.
(c)An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance, unless otherwise prohibited.
(d)A practitioner otherwise licensed under the laws of this state and authorized to dispense or administer a controlled substance by the licensing authority.
(4)The board may waive by rule the requirement for registration of certain manufacturers or dispensers if it finds it consistent with the public health and safety.
(5)A separate registration is required at each principal place of business or professional practice where the applicant manufactures, delivers or dispenses controlled substances.
(6)The board may inspect the establishment of a registrant or applicant for registration in accordance with the rules of the board. [1977 c.745 §8; 1995 c.440 §24; 2011 c.524 §23]
Notes of Decisions
Definition of ultimate user includes lawful possession. State v. Venet, 103 Or App 363, 797 P2d 1055 (1990), Sup Ct review denied
Law Review Citations
27 WLR 327 (1991)
Law Review Citations
51 OLR 561 (1972); 69 OLR 171 (1990)