Controlled Substances

ORS 475.757
Syringe service program as affirmative defense to unlawful possession of controlled substance


(1)

As used in this section, “syringe service program” means a program that provides services including free sterile needles and syringes and safe disposal for needles and syringes.

(2)

It is an affirmative defense to unlawful possession of a controlled substance 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)) that the person was acting in the capacity of an employee or volunteer of a syringe service program.

(3)

Sterile needles and syringes and other items provided by a syringe service program may not be considered “drug paraphernalia,” as that term is defined in ORS 475.525 (Sale of drug paraphernalia prohibited). [2019 c.583 §13]
Note: 475.757 (Syringe service program as affirmative defense to unlawful possession of controlled substance) was added to and made a part of 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
Chapter 475

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021