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ORS 475.035

Applied in 9 court decisions — leading case In Re Complaint as to the Conduct of Chase (1985)

Most recently applied in State v. Heaston (January 2021)

1977 c.745 §5; 1981 c.666 §2; 1987 c.657 §9; 1995 c.301 §31; 1995 c.440 §23; 2001 c.615 §16

How often courts cite this section

1980199020002010202120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) In arriving at any decision on changes in or addition to classification when changes or additions are proposed by the federal Drug Enforcement Administration or by any other reliable source, the State Board of Pharmacy shall review the scientific knowledge available regarding the substance, its pharmacological effects, patterns of use and misuse, and potential consequences of abuse, and consider the judgment of individuals with training and experience with the substance.

(2) Whenever the board determines that a change in or an addition to the schedule of a controlled substance is justified, the board by rule may order the change and fix the effective date thereof.

(3) If a substance is an ingredient of a controlled substance, the ingredient shall be considered to be in the same schedule as that controlled substance. Substances which are precursors of the ingredient shall not be subject to control solely because they are precursors of the ingredient. The use of the term “precursor” in this subsection does not control and is not controlled by the use of the term “precursor” in ORS 475.752 to 475.980.

(4) The board shall administer ORS 475.005 to 475.285 and 475.752 to 475.980 in accordance with ORS chapter 183.

(5) Authority to control under this section does not extend to tobacco or to alcoholic beverages as defined in ORS 471.001.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.