430.402
Prohibitions on local governments as to crimes involving use of alcohol,
cannabis or drugs.
(1) A political subdivision in this state shall not adopt or enforce any local
law or regulation that makes any of the following an offense, a violation or
the subject of criminal or civil penalties or sanctions of any kind:
(a) Public
intoxication.
(b) Public
drinking, except as to places where any consumption of alcoholic beverages is
generally prohibited.
(c) Drunk and
disorderly conduct.
(d) Vagrancy or
other behavior that includes as one of its elements either drinking alcoholic
beverages or using cannabis or controlled substances in public, being an
alcoholic or a drug-dependent person, or being found in specified places under
the influence of alcohol, cannabis or controlled substances.
(e) Using or
being under the influence of cannabis or controlled substances.
(2) Nothing in
subsection (1) of this section shall affect any local law or regulation of any
political subdivision in this state against driving while under the influence
of intoxicants, as defined in ORS 813.010, or other similar offenses that
involve the operation of motor vehicles. [Formerly 430.325; 2017 c.21 §60]
PREVENTION OF DRUG
ABUSE
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2017–2021 · leading case:
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
· cites it 40× “083, the municipal ordinance under which **685 he had been arrested, is preempted by a state statute, ORS 430.402. 1 BC 5.02.083 provides, "No person shall consume alcoholic liquor or possess an open container of an alcoholic beverage while in or upon any public place, unless…”
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
· cites it 15× “Defendant asserts that his arrest, and the subsequent inventory of his wallet, was unlawful because state law—specifically ORS 430.402— preempts BCC 5.02.083. Therefore, according to defendant, the Oregon Constitution requires suppression of any evidence obtained as a result of…”
State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021).
“197(4)(a)(C) (defining “haze” as to “compel an individual to consume food, liquid, alcohol, cannabis, controlled substances or other substances that subject the individual to an unreasonable risk of harm or adversely affect the physical health or safety of the individ- ual”…”
— Or. Rev. Stat. § 430.402(1) — 3 cases
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“083, the municipal ordinance under which **685 he had been arrested, is preempted by a state statute, ORS 430.402. 1 BC 5.02.083 provides, "No person shall consume alcoholic liquor or possess an open container of an alcoholic beverage while in or upon any public place, unless…”
State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021).
“197(4)(a)(C) (defining “haze” as to “compel an individual to consume food, liquid, alcohol, cannabis, controlled substances or other substances that subject the individual to an unreasonable risk of harm or adversely affect the physical health or safety of the individ- ual”…”
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
“Defendant asserts that his arrest, and the subsequent inventory of his wallet, was unlawful because state law—specifically ORS 430.402— preempts BCC 5.02.083. Therefore, according to defendant, the Oregon Constitution requires suppression of any evidence obtained as a result of…”
— Or. Rev. Stat. § 430.402(1)(a) — 1 case
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“083, the municipal ordinance under which **685 he had been arrested, is preempted by a state statute, ORS 430.402. 1 BC 5.02.083 provides, "No person shall consume alcoholic liquor or possess an open container of an alcoholic beverage while in or upon any public place, unless…”
— Or. Rev. Stat. § 430.402(1)(b) — 1 case
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“083, the municipal ordinance under which **685 he had been arrested, is preempted by a state statute, ORS 430.402. 1 BC 5.02.083 provides, "No person shall consume alcoholic liquor or possess an open container of an alcoholic beverage while in or upon any public place, unless…”
— Or. Rev. Stat. § 430.402(1)(c) — 1 case
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“083, the municipal ordinance under which **685 he had been arrested, is preempted by a state statute, ORS 430.402. 1 BC 5.02.083 provides, "No person shall consume alcoholic liquor or possess an open container of an alcoholic beverage while in or upon any public place, unless…”
— Or. Rev. Stat. § 430.402(1)(d) — 1 case
State v. Uroza-Zuniga, 439 P.3d 973 (Or. 2019).
“083, the municipal ordinance under which **685 he had been arrested, is preempted by a state statute, ORS 430.402. 1 BC 5.02.083 provides, "No person shall consume alcoholic liquor or possess an open container of an alcoholic beverage while in or upon any public place, unless…”
— Or. Rev. Stat. § 430.402(l)(b) — 1 case
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
“Defendant asserts that his arrest, and the subsequent inventory of his wallet, was unlawful because state law—specifically ORS 430.402— preempts BCC 5.02.083. Therefore, according to defendant, the Oregon Constitution requires suppression of any evidence obtained as a result of…”
— Or. Rev. Stat. § 430.402(l)(d) — 1 case
State v. Uroza-Zuniga, 402 P.3d 772 (Or. Ct. App. 2017).
“Defendant asserts that his arrest, and the subsequent inventory of his wallet, was unlawful because state law—specifically ORS 430.402— preempts BCC 5.02.083. Therefore, according to defendant, the Oregon Constitution requires suppression of any evidence obtained as a result of…”
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.