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Oregon Revised Statutes

Or. Rev. Stat. § 475.904 (2026)

Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions

✓ current as of May 2026
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      475.904 Unlawful manufacture or delivery of controlled substance within 1,000 feet of school; exceptions. (1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.

      (2) Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school is a Class A felony.

      (3) This section does not apply to:

      (a) A licensee or licensee representative, as those terms are defined in ORS 475C.009, that is engaged in lawful activities; or

      (b) A person acting within the scope of and in compliance with ORS 475C.305. [Formerly 475.999; 2015 c.614 §127]

Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 2006–2022 · leading case: State v. Simonov, 368 P.3d 11 (Or. 2016).
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State v. Simonov, 368 P.3d 11 (Or. 2016). “999 (1999), renumbered as ORS 475.904 (2005), an offense outside the Criminal Code.”
State v. Hubbell, 500 P.3d 728 (Or. Ct. App. 2021). “752(1)(c) (making delivery of a controlled substance in Schedule III a Class C felony, except as otherwise provided in ORS 475.904 and 475.906). But in every case, under the sentencing guidelines, the difference between the completed offense and an inchoate offense is two crime…”
State v. Perez, 131 P.3d 168 (Or. 2006). “999(1) (2001), renumbered as ORS 475.904(1) (2005); (2) delivery of a controlled substance, former ORS 475.”
State v. Rainoldi, 268 P.3d 568 (Or. 2011). “Directly on point in that regard is Rutley , in which the issue was whether the statute that makes it unlawful to deliver certain controlled substances “within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended…”
State v. Rutley, 171 P.3d 361 (Or. 2007). “1 That statute was renumbered as ORS 475.904 in 2005. Because the events at issue here took place in late 2001, we refer to the version of ORS 475.”
State v. Hendricks, 160 P.3d 1014 (Or. Ct. App. 2007). · cites it 2× “ORS 475.904. 1 He assigns error to the denial of a motion to suppress evidence that was seized from him after what he asserts was an unlawful stop.”
State v. Kyger, 506 P.3d 376 (Or. 2022). “Defendant further illustrates that distinction through the use of hypotheticals, such as the crime of unlawful deliv- ery of a controlled substance within 1,000 feet of a school, ORS 475.904. He argues that, because the delivery of drugs is the prohibited conduct and the…”
State v. Rodriguez-Barrera, 159 P.3d 1201 (Or. Ct. App. 2007). “ORS 475.904(1) provides that, subject to exceptions not pertinent to this case, it is unlawful for any person to “manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or…”
State v. Field, 218 P.3d 551 (Or. Ct. App. 2009). “999 (2003), renumbered as ORS 475.904 (2005), all relating to the murder of his girlfriend’s three-year-old child.”
State v. Choin, 179 P.3d 743 (Or. Ct. App. 2008). “999 (2003), renumbered as ORS 475.904 (2005); possession of a Schedule II controlled substance, former ORS 475.”
State v. Egeland, 320 P.3d 657 (Or. Ct. App. 2014). “Defendant appeals a judgment of conviction for unlawful delivery of a controlled substance within 1,000 feet of a school, ORS 475.904, and one count of unlawful delivery of a controlled substance, former ORS 475.”
State v. Conklin, 162 P.3d 364 (Or. Ct. App. 2007). “999(1) (2003), renumbered as ORS 475.904(1) (2005) (emphasis added). We agree with defendants and, consequently, vacate their convictions under former ORS 475.”
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— Or. Rev. Stat. § 475.904(1) — 5 cases
State v. Perez, 131 P.3d 168 (Or. 2006). “999(1) (2001), renumbered as ORS 475.904(1) (2005); (2) delivery of a controlled substance, former ORS 475.”
State v. Rodriguez-Barrera, 159 P.3d 1201 (Or. Ct. App. 2007). “ORS 475.904(1) provides that, subject to exceptions not pertinent to this case, it is unlawful for any person to “manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or…”
State v. Conklin, 162 P.3d 364 (Or. Ct. App. 2007). “999(1) (2003), renumbered as ORS 475.904(1) (2005) (emphasis added). We agree with defendants and, consequently, vacate their convictions under former ORS 475.”
State v. Clelland, 162 P.3d 1081 (Or. Ct. App. 2007).
State v. Xocua-Xicalhua, 162 P.3d 336 (Or. Ct. App. 2007).
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