Controlled Substances

ORS 475.854
Unlawful possession of heroin


(1)

It is unlawful for any person knowingly or intentionally to possess heroin.

(2)

(a) Unlawful possession of heroin is a Class A misdemeanor.

(b)

Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class B felony if:

(A)

The person possesses a usable quantity of heroin and:

(i)

At the time of the possession, the person has a prior felony conviction;

(ii)

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

(B)

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]
Chapter 475

Law Review Citations

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


Source

Last accessed
Jun. 26, 2021