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ORS 475.854

Applied in 65 court decisions — leading case State v. Gonzalez-Valenzuela (2015)

Most recently applied in 346 Or. App. 177 - State v. Vaninetti (December 2025)

2005 c.708 §28; 2017 c.706 §12; 2021 c.2 §14; 2021 c.591 §36; 2024 c.70 §§29,43

How often courts cite this section

201020202025110
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) It is unlawful for any person knowingly or intentionally to possess heroin.

(2)(a) Unlawful possession of heroin is a drug enforcement misdemeanor punishable as described in ORS 475.896.

(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class A misdemeanor if the person possesses one gram or more of a mixture or substance containing a detectable amount of heroin.

(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of heroin is a Class B felony if:

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

(B) The person possesses a substantial quantity under ORS 475.900 (3)(b).

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