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Oregon Revised Statutes

Or. Rev. Stat. § 475.908 (2026)

Causing another person to ingest a controlled substance

✓ current as of May 2026
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      475.908 Causing another person to ingest a controlled substance. (1) A person commits the crime of causing another person to ingest a controlled substance if the person knowingly or intentionally causes the other person to ingest, other than by administering or dispensing, a controlled substance or a controlled substance analog without consent of the other person. A person who violates this subsection is guilty of a Class B felony.

      (2) Notwithstanding subsection (1) of this section, causing another person to ingest a controlled substance is a Class A felony if the person, with the intent of committing or facilitating a crime of violence against the other person, knowingly or intentionally causes the other person to ingest a controlled substance or a controlled substance analog without consent of the other person.

      (3) For the purposes of this section:

      (a)(A) Except as provided in subparagraph (B) of this paragraph, “controlled substance analog” means a substance that:

      (i) Has a chemical structure that is substantially similar to the chemical structure of a controlled substance in Schedule I or II.

      (ii) Has a stimulant, depressant or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the stimulant, depressant or hallucinogenic effect on the central nervous system of a controlled substance in Schedule I or II.

      (B) “Controlled substance analog” does not include:

      (i) A controlled substance;

      (ii) Any substance that has an approved drug application;

      (iii) Any substance exempted under 21 U.S.C. 355 if the ingestion is within the scope of investigation authorized under 21 U.S.C. 355; or

      (iv) Distilled spirits, wine or malt beverages.

      (b) “Crime of violence” means:

      (A) Rape in the first degree, as defined in ORS 163.375;

      (B) Sodomy in the first degree, as defined in ORS 163.405;

      (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411;

      (D) Sexual abuse in the first degree, as defined in ORS 163.427;

      (E) Kidnapping in the first degree, as defined in ORS 163.235;

      (F) Kidnapping in the second degree, as defined in ORS 163.225;

      (G) Assault in the first degree, as defined in ORS 163.185; or

      (H) Assault in the second degree, as defined in ORS 163.175.

      (c) “Ingest” means to consume or otherwise deliver a controlled substance into the body of a person. [Formerly 475.984; 2017 c.21 §29]

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2009–2025 · leading case: State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009).
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State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). · cites it 6× “984 (2003), renumbered as ORS 475.908 (2005); unlawful application of a controlled substance to a minor, former ORS 475.”
Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012). “1-31(2)(c) (requirements for accepting out-of-state inmates); Or.Rev.Stat. § 475.908(3)(b)(E)-(F) (causing another person to ingest a controlled substance for the purpose of committing a crime of violence); 18 P.”
State v. Lopez, 341 Or. App. 781 (Or. Ct. App. 2025). “The state sought to admit evi- dence of defendant’s encounter with M and K as prior acts 1 Defendant was also charged with, but acquitted of, causing another person to ingest a controlled substance, ORS 475.908. Cite as 341 Or App 781 (2025) 783 evidence under OEC 404 to show…”
State v. Lopez, 341 Or. App. 781 (Or. Ct. App. 2025). “The state sought to admit evi- dence of defendant’s encounter with M and K as prior acts 1 Defendant was also charged with, but acquitted of, causing another person to ingest a controlled substance, ORS 475.908. Cite as 341 Or App 781 (2025) 783 evidence under OEC 404 to show…”
State v. Sanchez, 337 Or. App. 797 (Or. Ct. App. 2025). “220 (Counts 9, 10, and 11); and one count of causing another person to ingest a controlled substance, ORS 475.908 (Count 12). On appeal, defendant raises 18 assignments of error through counsel and nine pro se assignments of error.”
— Or. Rev. Stat. § 475.908(3)(b)(E) — 1 case
Delgado-Hernandez v. Holder, 697 F.3d 1125 (9th Cir. 2012). “1-31(2)(c) (requirements for accepting out-of-state inmates); Or.Rev.Stat. § 475.908(3)(b)(E)-(F) (causing another person to ingest a controlled substance for the purpose of committing a crime of violence); 18 P.”
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