Controlled Substances

ORS 475.894
Unlawful possession of methamphetamine

(1)

It is unlawful for any person knowingly or intentionally to possess methamphetamine 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) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475).

(2)

(a)

Unlawful possession of methamphetamine is a Class E violation.

(b)

Notwithstanding paragraph (a) of this subsection, unlawful possession of methamphetamine is a Class A misdemeanor if the person possesses two grams or more of a mixture or substance containing a detectable amount of methamphetamine.

(c)

Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of methamphetamine is a Class C felony if:

(A)

The possession is a commercial drug offense under ORS 475.900 (Crime category classification) (1)(b); or

(B)

The person possesses a substantial quantity under ORS 475.900 (Crime category classification) (2)(b). [2005 c.708 §18; 2017 c.706 §15; 2021 c.2 §17; 2021 c.591 §39]

Notes of Decisions

When read with ORS 161.105, this section does not clearly indicate legislative intent to dispense with mental state requirement as mental state pertains to possession of methamphetamine because, to be liable under this section, person must act with knowledge or intent as to possession of methamphetamine, which is sole conduct that this section addresses. State v. Harper, 296 Or App 125, 436 P3d 44 (2019)

Source

Last accessed
May 30, 2023

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