167.212
Tampering with drug records.
(1) A person commits the crime of tampering with drug records if the person
knowingly:
(a) Alters,
defaces or removes a controlled substance label affixed by a manufacturer,
wholesaler or apothecary, except that it shall not be unlawful for an
apothecary to remove or deface such a label for the purpose of filling
prescriptions;
(b) Affixes a
false or forged label to a package or receptacle containing controlled
substances;
(c) Makes or
utters a false or forged prescription or false or forged official written order
for controlled substances; or
(d) Makes a false
statement in any controlled substance prescription, order, report or record
required by ORS 475.005 to 475.285 and 475.752 to 475.980.
(2) Tampering
with drug records is a Class C felony. [1971 c.743 §275; 1977 c.745 §34; 1995
c.440 §15]
167.215 [Repealed by 1971 c.743 §432]
167.217 [1971 c.743 §276; 1973 c.680 §2;
1974 c.67 §3; repealed by 1977 c.745 §54]
167.220 [Amended by 1957 c.403 §8; 1961
c.261 §2; repealed by 1971 c.743 §432]
Notes of Decisions
Cited in
10
cases, 1975–2013 · leading case:
State v. Meharry, 149 P.3d 1155 (Or. 2006).
State v. Meharry, 149 P.3d 1155 (Or. 2006).
· cites it 2× “Based in part on the evidence found in the van, the state charged defendant with 11 counts of tampering with drug records, ORS 167.212; two counts of possession of a controlled substance, ORS 475.”
State v. Bennett, 721 P.2d 1375 (Or. 1986).
· cites it 2× “247(1), the portion of the statute which addresses the authority of police officers to search, provides: "A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances…”
State v. Cromwell, 820 P.2d 888 (Or. Ct. App. 1991).
· cites it 2× “247 provides: "A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any * * * vehicle * * * may search the…”
State v. Evilsizer, 311 P.3d 983 (Or. Ct. App. 2013).
· cites it 6× “Defendant, who worked as a nurse at a nursing home, was charged with tampering with drug records, ORS 167.212. The indictment alleged that she “ma[d]e and utter[ed] a false or forged prescription *** for a controlled substance.”
State v. Thompson, 538 P.2d 78 (Or. Ct. App. 1975).
“Defendant was convicted by a jury of the crime of tampering with drug records, ORS 167.212. He appeals from the resulting judgment.”
State v. Meharry, 120 P.3d 520 (Or. Ct. App. 2005).
“On the basis of the evidence discovered during the search, defendant was charged with 11 counts of tampering with drug records, ORS 167.212; two counts of possession of a controlled substance, ORS 475.”
State v. Vaughn, 586 P.2d 804 (Or. Ct. App. 1978).
· cites it 5× “The first indictment, in two counts, charged defendant with Tampering with Drug Records, former ORS 167.212, 1 on June 29, 1977. The second indictment charged defendant with Obtaining Drugs Unlawfully, former ORS 167.”
State v. Sandbach, 27 P.3d 1107 (Or. Ct. App. 2001).
· cites it 2× “992; ORS 167.212. The case and an unrelated criminal case involving defendant and her husband were Douglas County cases, but they were assigned to a Coos County judge for trial.”
State v. Fitzgerald, 777 P.2d 1008 (Or. Ct. App. 1989).
“*44 “(1) A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any * * * vehicle * * * may search the same…”
State v. Stier, 691 P.2d 161 (Or. Ct. App. 1984).
“ORS 167.212. The evidence showed that defendant presented two forged prescriptions to a druggist to obtain prescription drugs.”
— Or. Rev. Stat. § 167.212(l)(c) — 1 case
State v. Evilsizer, 311 P.3d 983 (Or. Ct. App. 2013).
“Defendant, who worked as a nurse at a nursing home, was charged with tampering with drug records, ORS 167.212. The indictment alleged that she “ma[d]e and utter[ed] a false or forged prescription *** for a controlled substance.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.