Unlawful possession of cocaine
(1)It is unlawful for any person knowingly or intentionally to possess cocaine unless the substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of professional practice, or except as otherwise authorized by 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)).
(2)(a) Unlawful possession of cocaine is a Class A misdemeanor.
(b)Notwithstanding paragraph (a) of this subsection, unlawful possession of cocaine is a Class C felony if:
(A)The person possesses a usable quantity of cocaine 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
(B)The person possesses two grams or more of a mixture or substance containing a detectable amount of cocaine. [2005 c.708 §23; 2017 c.706 §14]
Law Review Citations
51 OLR 561 (1972); 69 OLR 171 (1990)