475.035
Authority to control schedule; rules.
(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. [1977 c.745 §5; 1981 c.666 §2; 1987 c.657 §9; 1995
c.301 §31; 1995 c.440 §23; 2001 c.615 §16]
475.040 [Repealed by 1957 c.587 §12]
475.045 [1977 c.745 §7a; repealed by 2011
c.524 §4]
475.050 [Repealed by 1957 c.587 §12]
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1980–2021 · leading case:
State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021).
State v. Heaston, 482 P.3d 167 (Or. Ct. App. 2021).
“Bovett fur- ther explained that, “in order to remove something from the [Oregon Uniform Controlled Substances Act],” the legisla- ture needed to not only amend Oregon’s Uniform Controlled as modified under ORS 475.035. The use of the term ‘precursor’ in this para- graph does not…”
State v. Eells, 696 P.2d 564 (Or. Ct. App. 1985).
· cites it 5× “005(6), a “controlled substance” is “[a] drug or its immediate precursor classified in Schedules I through IV under the Federal Controlled Substances Act, 21 USC §§ 811 to 812, as modified under ORS 475.035.” 21 USC § 812 (b) 6 prohibits a substance from being placed into *497…”
State v. Henry, 840 P.2d 1335 (Or. Ct. App. 1992).
“ORS 475.035. In State v. Sargent, 252 Or 579, 582 , 449 P2d *141 845 (1969), the court explained the relationship between statutes that define offenses involving controlled substances and the administrative rules that specify what substances are controlled: “The law proscribing…”
State v. Bishop, 612 P.2d 744 (Or. Ct. App. 1980).
“He relies on ORS 475.035(3), which required the Board to issue a rule for controlled substances when notified by the Committee of its decision on classification within 30 days of July 1.”
State v. $113,871 in U.S. Currency, 954 P.2d 218 (Or. Ct. App. 1998).
“5 Therefore, if Hoffman *778 had probable cause to seize the money and exigent circumstances existed, the seizure complied with ORS 475.035(2)(c). The trial court concluded that Hoffman had “probable cause to believe that the money was being transported for an illegal purpose”…”
State v. Kast, 852 P.2d 242 (Or. Ct. App. 1993).
· cites it 10× “§§ 811 to 812, as modified under ORS 475.035. 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.”
State v. Joyce, 636 P.2d 999 (Or. Ct. App. 1981).
· cites it 2× “” ORS 475.035(3). The Board is required to act within thirty days following the Committee’s classification of a substance.”
State v. Blair, 935 P.2d 1219 (Or. Ct. App. 1997).
“005(6) defines “controlled substance” as a drug classified in Schedules I through V under the Federal Controlled Substances Act, 21 USC §§ 811-112 , as modified under ORS 475.035. *94 Cocaine is classified in Schedule II and the federal schedules of controlled substances have…”
— Or. Rev. Stat. § 475.035(1) — 2 cases
State v. Eells, 696 P.2d 564 (Or. Ct. App. 1985).
“005(6), a “controlled substance” is “[a] drug or its immediate precursor classified in Schedules I through IV under the Federal Controlled Substances Act, 21 USC §§ 811 to 812, as modified under ORS 475.035.” 21 USC § 812 (b) 6 prohibits a substance from being placed into *497…”
State v. Kast, 852 P.2d 242 (Or. Ct. App. 1993).
“§§ 811 to 812, as modified under ORS 475.035. 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.”
— Or. Rev. Stat. § 475.035(2)(c) — 1 case
State v. $113,871 in U.S. Currency, 954 P.2d 218 (Or. Ct. App. 1998).
“5 Therefore, if Hoffman *778 had probable cause to seize the money and exigent circumstances existed, the seizure complied with ORS 475.035(2)(c). The trial court concluded that Hoffman had “probable cause to believe that the money was being transported for an illegal purpose”…”
— Or. Rev. Stat. § 475.035(3) — 3 cases
State v. Bishop, 612 P.2d 744 (Or. Ct. App. 1980).
“He relies on ORS 475.035(3), which required the Board to issue a rule for controlled substances when notified by the Committee of its decision on classification within 30 days of July 1.”
State v. Joyce, 636 P.2d 999 (Or. Ct. App. 1981).
“” ORS 475.035(3). The Board is required to act within thirty days following the Committee’s classification of a substance.”
State v. Kast, 852 P.2d 242 (Or. Ct. App. 1993).
“§§ 811 to 812, as modified under ORS 475.035. 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.”
— Or. Rev. Stat. § 475.035(4) — 1 case
State v. Kast, 852 P.2d 242 (Or. Ct. App. 1993).
“§§ 811 to 812, as modified under ORS 475.035. 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.”
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