It is unlawful for any person knowingly or intentionally to possess heroin.
(a) Unlawful possession of heroin is a Class A misdemeanor.
Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class B felony if:
The person possesses a usable quantity of heroin and:
At the time of the possession, the person has a prior felony conviction;
At the time of the possession, the person has two or more prior convictions for unlawful possession of a usable quantity of a controlled substance; or(iii) The possession is a commercial drug offense under ORS 475.900 (Crime category classification) (1)(b); or
The person possesses one gram or more of a mixture or substance containing a detectable amount of heroin. [2005 c.708 §28; 2017 c.706 §12]