475.854
Unlawful possession of heroin.
(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). [2005 c.708 §28;
2017 c.706 §12; 2021 c.2 §14; 2021 c.591 §36; 2024 c.70 §§29,43]
475.856 [2005 c.708 §29; 2013 c.591 §1;
2015 c.1 §77; 2015 c.614 §121; 2016 c.24 §42; repealed by 2017 c.21 §126]
475.858 [2005 c.708 §30; 2015 c.614 §119;
2016 c.24 §43; repealed by 2017 c.21 §126]
475.860 [2005 c.708 §31; 2009 c.610 §1;
2011 c.597 §88; 2015 c.1 §78; 2015 c.614 §122; 2016 c.24 §44; repealed by 2017
c.21 §126]
475.862 [2005 c.708 §32; 2015 c.614 §120;
2016 c.24 §45; repealed by 2017 c.21 §126]
475.864 [2005 c.708 §33; 2011 c.597 §89;
2013 c.591 §2; 2015 c.1 §79; 2015 c.614 §123; 2016 c.24 §46; repealed by 2017
c.21 §126]
Notes of Decisions
Cited in
71
cases (
31 in the last 5 years), 2009–2025 · leading case:
State v. Polezhaev, 507 P.3d 296 (Or. Ct. App. 2022).
State v. Polezhaev, 507 P.3d 296 (Or. Ct. App. 2022).
· cites it 7× “Held: The trial court properly determined that a police officer had probable cause to arrest defendant for possession of heroin based on his observation of a “residue amount” of heroin on a piece of foil that was in defendant’s lap when the officer approached.”
State v. Gonzalez-Valenzuela, 365 P.3d 116 (Or. 2015).
· cites it 2× “Based on those facts, defendant was charged with unlawful possession of heroin (ORS 475.854), unlawful possession of methamphetamine (ORS 475.”
Rudnitskyy v. State of Oregon, 464 P.3d 471 (Or. Ct. App. 2020).
· cites it 5× “In the underlying prosecution, a jury found petitioner guilty of unlawful possession of heroin, ORS 475.854,1 after hearing, in addition to other evidence, an officer testify that petitioner had acknowledged smoking heroin two months before the charged incident.”
State v. Tennant, 483 P.3d 1226 (Or. Ct. App. 2021).
· cites it 2× “270(2), which resulted from a search of his bedroom while he was on probation. He argues that the search was unlawful under Article I, section 9, of the Oregon Constitution, because the state did not establish that he consented to the search, but rather, merely acquiesced to the…”
State v. Serbin, 527 P.3d 794 (Or. Ct. App. 2023).
· cites it 2× “894(1) and ORS 475.854(1) provide that “[i]t is unlawful for any person knowingly or intentionally to possess[,]” respectively, methamphetamine and heroin.”
State v. Wesley, 533 P.3d 786 (Or. Ct. App. 2023).
· cites it 2× “890; unlawful possession of heroin (Count 3), ORS 475.854; felon in possession of a firearm (Count 5), ORS 166.”
State v. Silsby, 386 P.3d 172 (Or. Ct. App. 2016).
“850 (Count 2); and possession of heroin, ORS 475.854 (Count 3). Before trial, the state gave notice that it intended to prove sentence enhancement facts at trial.”
State v. Morgan, 230 P.3d 928 (Or. 2010).
· cites it 2× “This is a criminal case in which defendant was convicted of unlawful possession of heroin, ORS 475.854, 1 which a police officer discovered in defendant’s purse.”
State v. Dippre, 512 P.3d 835 (Or. Ct. App. 2022).
· cites it 2× “However, before trial, the prosecutor indicated that he would not object 1 The court granted a motion for judgment of acquittal on Count 3, unlawful possession of heroin, ORS 475.854 (2019). Both ORS 475.894 and ORS 475.”
State v. Van Osdol, 417 P.3d 488 (Or. Ct. App. 2018).
“21, § 126; unlawful possession of heroin, ORS 475.854 ; and unlawful possession of a short-barreled firearm, ORS 166.”
State v. Anderson-Brown, 369 P.3d 1248 (Or. Ct. App. 2016).
· cites it 2× “ORS 475.854. 1 Before trial, he moved to suppress evidence of statements that he had made in response to questions by investigating officers.”
State v. Keller, 380 P.3d 1144 (Or. Ct. App. 2016).
“850, possession of heroin, ORS 475.854, and possession of methamphetamine, ORS 475.”
— Or. Rev. Stat. § 475.854(1) — 2 cases
State v. Serbin, 527 P.3d 794 (Or. Ct. App. 2023).
“894(1) and ORS 475.854(1) provide that “[i]t is unlawful for any person knowingly or intentionally to possess[,]” respectively, methamphetamine and heroin.”
State v. Polezhaev, 507 P.3d 296 (Or. Ct. App. 2022).
“Held: The trial court properly determined that a police officer had probable cause to arrest defendant for possession of heroin based on his observation of a “residue amount” of heroin on a piece of foil that was in defendant’s lap when the officer approached.”
— Or. Rev. Stat. § 475.854(2) — 1 case
State v. Polezhaev, 507 P.3d 296 (Or. Ct. App. 2022).
“Held: The trial court properly determined that a police officer had probable cause to arrest defendant for possession of heroin based on his observation of a “residue amount” of heroin on a piece of foil that was in defendant’s lap when the officer approached.”
— Or. Rev. Stat. § 475.854(2)(a) — 3 cases
— Or. Rev. Stat. § 475.854(2)(b) — 4 cases
State v. Tennant, 483 P.3d 1226 (Or. Ct. App. 2021).
“270(2), which resulted from a search of his bedroom while he was on probation. He argues that the search was unlawful under Article I, section 9, of the Oregon Constitution, because the state did not establish that he consented to the search, but rather, merely acquiesced to the…”
— Or. Rev. Stat. § 475.854(2)(c)(A) — 1 case
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