475.884
Unlawful possession of cocaine.
(1) It is unlawful for any person knowingly or intentionally to possess cocaine
unless the substance was obtained directly from, or pursuant to a valid
prescription or order of, a practitioner while acting in the course of
professional practice, or except as otherwise authorized by ORS 475.005 to
475.285 and 475.752 to 475.980.
(2)(a) Unlawful
possession of cocaine is a drug enforcement misdemeanor punishable as described
in ORS 475.896.
(b)
Notwithstanding paragraph (a) of this subsection, unlawful possession of
cocaine is a Class A misdemeanor if the person possesses two grams or more of a
mixture or substance containing a detectable amount of cocaine.
(c)
Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession
of cocaine is a Class C 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 §23;
2017 c.706 §14; 2021 c.2 §16; 2021 c.591 §38; 2024 c.70 §§31,45]
Notes of Decisions
Cited in
42
cases (
6 in the last 5 years), 2008–2024 · leading case:
State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023).
State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023).
“187 (Count 2), unlawful possession of cocaine, ORS 475.884 (Count 3), fourth-degree assault constituting domestic violence, ORS 163.”
State v. Branch, 259 P.3d 103 (Or. Ct. App. 2011).
· cites it 2× “880; and two counts of unlawful possession of cocaine, ORS 475.884, raising three assignments of error.”
State v. Webber, 383 P.3d 951 (Or. Ct. App. 2016).
“880, and unlawful possession of cocaine, ORS 475.884. Defendant moved to suppress the evidence obtained as a result of the search of his home, arguing that there had not been probable cause for the search.”
State v. Stevens, 540 P.3d 50 (Or. Ct. App. 2023).
“Defendant appeals from a judgment convicting him of unlawful possession of cocaine, ORS 475.884, and driving under the influence of intoxicants (DUII), ORS 813.”
State v. Washington, 392 P.3d 348 (Or. Ct. App. 2017).
“Defendant appeals a judgment of conviction for unlawful possession of cocaine, ORS 475.884, and unlawful possession of methamphetamine, ORS 475.”
State v. Bailey, 338 P.3d 702 (Or. 2014).
“880, possession of cocaine, ORS 475.884, and tampering with physical evidence, ORS *491 162.”
State v. Dawson, 386 P.3d 165 (Or. Ct. App. 2016).
“880, unlawful possession of cocaine, ORS 475.884, and criminal forfeiture, ORS 131.”
State v. Amell, 215 P.3d 910 (Or. Ct. App. 2009).
“ORS 475.884; ORS 166.240. Defendant assigns error to the denial of his motion to suppress evidence.”
State v. Holiday, 310 P.3d 1149 (Or. Ct. App. 2013).
· cites it 2× “Defendant appeals his conviction for possession of cocaine, ORS 475.884, assigning error to the trial court’s denial of his motion to suppress.”
State v. Pedersen, 255 P.3d 556 (Or. Ct. App. 2011).
“190, and possession of cocaine, ORS 475.884. Defendant raises several assignments of error challenging the sufficiency of the evidence, the trial court’s jury instructions, and the nonunanimity of the jury verdict.”
State v. Leino, 273 P.3d 228 (Or. Ct. App. 2012).
“Defendant appeals his convictions for unlawful possession of cocaine, ORS 475.884, and unlawful possession of methamphetamine, ORS 475.”
State v. Williams, 349 P.3d 616 (Or. Ct. App. 2015).
“270(1), and one count of unlawful possession of cocaine, ORS 475.884. The issue on appeal is whether the trial court erred in denying defendant’s motion to suppress evidence.”
— Or. Rev. Stat. § 475.884(2) — 2 cases
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