ORS 475.904
Unlawful manufacture or delivery of controlled substance within 1,000 feet of school

  • exceptions

(1)

Except as 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)), it is unlawful for any person to manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

(2)

Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school is a Class A felony.

(3)

This section does not apply to:

(a)

A licensee or licensee representative, as those terms are defined in ORS 475C.009 (Definitions for ORS 475C.005 to 475C.525), that is engaged in lawful activities; or

(b)

A person acting within the scope of and in compliance with ORS 475C.305 (Applicability of provisions to homegrown plants, homemade cannabinoid products and concentrates, specified possession and delivery). [Formerly 475.999; 2015 c.614 §127]

Source: Section 475.904 — Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors475.­html.

Notes of Decisions

Although lack of consideration is one element of reducing delivery to misdemeanor, existence of consideration is not element of manufacture or delivery charged as felony. State ex rel Juvenile Dept. v. Flath, 158 Or App 249, 974 P2d 254 (1999)

State is not required to show that defendant intended drug activity to take place near school. State v. Rodriguez-Barrera, 213 Or App 56, 159 P3d 1201 (2007), Sup Ct review denied

Under 1999 version of statute, culpable mental state is not element of offense of delivering controlled substance within 1,000 feet of school property. State v. Rutley, 343 Or 368, 171 P3d 361 (2007)

475.005
Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980 475.035
Authority to control schedule 475.055
Publishing of schedules 475.065
Classification of methamphetamine 475.095
Rules 475.101
Immunity for reporting violation 475.125
Registration requirements 475.135
Grounds to grant or deny registration 475.145
Revocation and suspension of registration 475.155
Order to show cause 475.165
Records of registrants 475.175
When order forms required 475.185
When prescriptions required 475.188
Prescription drug orders 475.190
Exception to prescription requirement 475.215
Cooperative arrangements 475.225
Education and research 475.230
Transfer of pseudoephedrine without prescription 475.235
Burden of proof 475.237
Treatment of offense as Class E violation 475.245
Conditional discharge 475.255
Status of penalties 475.265
When prosecution barred 475.275
Uniformity of interpretation 475.285
Short title 475.380
Prohibition on retail sale of dextromethorphan to individual 17 years of age or younger 475.382
Limitation on compliance requirements 475.384
Trade association list of marketed products containing dextromethorphan 475.386
State preemption 475.390
Prohibition on retail sale of nitrous oxide to individual under 18 years of age 475.405
Definitions for ORS 475.405 to 475.495 475.415
Request for cleanup 475.425
Environmental Quality Commission rules 475.435
Authority of director 475.445
Site entry 475.455
Liability of certain persons for cleanup costs 475.465
Liability of state for cleanup 475.475
Department record of costs 475.485
Costs and penalties as lien 475.495
Illegal Drug Cleanup Fund 475.525
Sale of drug paraphernalia prohibited 475.535
Action to enforce ORS 475.525 to 475.565 475.545
Order of forfeiture of paraphernalia 475.555
Seizure of drug paraphernalia 475.565
Civil penalty for violation of ORS 475.525 475.744
Providing hypodermic device to minor prohibited 475.752
Prohibited acts generally 475.754
Affirmative defense to unlawfully possessing pseudoephedrine 475.757
Syringe service program as affirmative defense to unlawful possession of controlled substance 475.806
Unlawful manufacture of hydrocodone 475.808
Unlawful manufacture of hydrocodone within 1,000 feet of school 475.810
Unlawful delivery of hydrocodone 475.812
Unlawful delivery of hydrocodone within 1,000 feet of school 475.814
Unlawful possession of hydrocodone 475.816
Unlawful manufacture of methadone 475.818
Unlawful manufacture of methadone within 1,000 feet of school 475.820
Unlawful delivery of methadone 475.822
Unlawful delivery of methadone within 1,000 feet of school 475.824
Unlawful possession of methadone 475.826
Unlawful manufacture of oxycodone 475.828
Unlawful manufacture of oxycodone within 1,000 feet of school 475.830
Unlawful delivery of oxycodone 475.832
Unlawful delivery of oxycodone within 1,000 feet of school 475.834
Unlawful possession of oxycodone 475.846
Unlawful manufacture of heroin 475.848
Unlawful manufacture of heroin within 1,000 feet of school 475.850
Unlawful delivery of heroin 475.852
Unlawful delivery of heroin within 1,000 feet of school 475.854
Unlawful possession of heroin 475.866
Unlawful manufacture of 3,4-methylenedioxymethamphetamine 475.868
Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school 475.870
Unlawful delivery of 3,4-methylenedioxymethamphetamine 475.872
Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school 475.874
Unlawful possession of 3,4-methylenedioxymethamphetamine 475.876
Unlawful manufacture of cocaine 475.878
Unlawful manufacture of cocaine within 1,000 feet of school 475.880
Unlawful delivery of cocaine 475.882
Unlawful delivery of cocaine within 1,000 feet of school 475.884
Unlawful possession of cocaine 475.886
Unlawful manufacture of methamphetamine 475.888
Unlawful manufacture of methamphetamine within 1,000 feet of school 475.890
Unlawful delivery of methamphetamine 475.892
Unlawful delivery of methamphetamine within 1,000 feet of school 475.894
Unlawful possession of methamphetamine 475.898
Immunity from drug-related offenses for emergency medical assistance 475.900
Crime category classification 475.902
Directives to Oregon Criminal Justice Commission 475.904
Unlawful manufacture or delivery of controlled substance within 1,000 feet of school 475.906
Penalties for unlawful delivery to minors 475.907
Sentencing for unlawful delivery of cocaine, methamphetamine, heroin or ecstasy to minors 475.908
Causing another person to ingest a controlled substance 475.910
Application of controlled substance to the body of another person 475.912
Unlawful delivery of imitation controlled substance 475.914
Prohibited acts for registrants 475.916
Prohibited acts involving records and fraud 475.918
Falsifying drug test results 475.920
Providing drug test falsification equipment 475.924
Definitions for ORS 164.061, 475.907, 475.924 and 475.925 475.925
Sentences for certain controlled substance offenses 475.930
Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925 475.934
Sentencing of persons with previous conviction for controlled substance offense 475.935
Presumptive sentences for certain methamphetamine offenses 475.940
Precursor substances described 475.945
Authority and duties of Department of State Police 475.947
Warning notice for precursor substance violation 475.949
Injunctive relief for precursor substance violation 475.950
Failure to report precursor substances transaction 475.955
Failure to report missing precursor substances 475.960
Illegally selling drug equipment 475.962
Distribution of equipment, solvent, reagent or precursor substance with intent to facilitate manufacture of controlled substance 475.965
Providing false information on precursor substances report or record 475.967
Possession of precursor substance with intent to manufacture controlled substance 475.969
Unlawful possession of phosphorus 475.971
Unlawful possession of anhydrous ammonia 475.973
Rulemaking authority regarding products containing ephedrine, pseudoephedrine and phenylpropanolamine 475.975
Unlawful possession of iodine in its elemental form 475.976
Unlawful possession of iodine matrix 475.977
Possessing or disposing of methamphetamine manufacturing waste 475.978
Methyl sulfonyl methane 475.979
Unlawful possession of lithium metal or sodium metal 475.980
Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)
Green check means up to date. Up to date

Current through early 2024

§ 475.904’s source at oregon​.gov