(a) Failure to maintain effective controls against diversion of controlled substances into other than legitimate medical, scientific or industrial channels;
(b) Failure to comply with applicable state or local laws;
(c) Any convictions of the applicant under any federal or state laws relating to any controlled substance;
(d) Past experience in the manufacture, delivery or dispensing of controlled substances and the existence in the applicant’s establishment of effective controls against diversion;
(e) Furnishing by the applicant of false or fraudulent material in any application filed under ORS 475.005 to 475.285 and 475.752 to 475.980;
(f) Suspension or revocation of the applicant’s federal registration to manufacture, deliver or dispense controlled substances as authorized by federal law; or
(g) Any other factors relevant to and consistent with the public health and safety.
(2) Registration under subsection (1) of this section does not entitle a registrant to manufacture, deliver or dispense controlled substances in Schedule I or II other than those specified in the registration.
(3) Practitioners must be registered to conduct research with controlled substances in Schedules I through V if they are authorized to conduct research under the law of this state. The board need not require separate registration under ORS 475.095 and 475.125 to 475.185 for practitioners engaging in research with controlled substances in Schedules I through V where the registrant is already registered under ORS 475.095 and 475.125 to 475.185 in another capacity. Persons with valid registration from the Drug Enforcement Administration for research on controlled substances may conduct research within this state in compliance with other state law upon furnishing the board evidence of that federal registration, and are exempt from state prosecution for possession and distribution of controlled substances to the extent of the registration. Registration under ORS 475.005 to 475.285 and 475.752 to 475.980 does not exempt the registrant from compliance with any other relevant law of this state or the United States, unless such exemption is expressly provided under ORS 475.005 to 475.285 and 475.752 to 475.980.
(4) Notwithstanding this section, the manufacture, delivery or dispensing of any controlled substance excluded from any medical use by federal law is prohibited, except:
(a) For research authorized under subsection (3) of this section and ORS 475.225; or
(b) As otherwise provided by state or federal law.
(5) Compliance by manufacturers and distributors with the provisions of the federal law respecting registration, excluding fees, entitles them to be registered under ORS 475.095 and 475.125 to 475.185. [1977 c.745 §9; 1979 c.777 §53; 1981 c.666 §5; 1995 c.440 §25; 2011 c.524 §24]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 475 - Controlled Substances; Illegal Drug Cleanup; Miscellaneous
Section 475.005 - Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980.
Section 475.035 - Authority to control schedule; rules.
Section 475.065 - Classification of methamphetamine; exceptions.
Section 475.101 - Immunity for reporting violation.
Section 475.125 - Registration requirements.
Section 475.145 - Revocation and suspension of registration.
Section 475.155 - Order to show cause.
Section 475.185 - When prescriptions required.
Section 475.188 - Prescription drug orders; electronic transmission.
Section 475.190 - Exception to prescription requirement; rules.
Section 475.215 - Cooperative arrangements.
Section 475.225 - Education and research.
Section 475.230 - Transfer of pseudoephedrine without prescription; limitations; rules; penalty.
Section 475.235 - Burden of proof; status of analysis of controlled substance; notice of objection.
Section 475.237 - Treatment of offense as Class E violation; dismissal.
Section 475.245 - Conditional discharge.
Section 475.382 - Limitation on compliance requirements.
Section 475.386 - State preemption.
Section 475.405 - Definitions for ORS 475.405 to 475.495.
Section 475.425 - Environmental Quality Commission rules; designation of chemicals.
Section 475.435 - Authority of director.
Section 475.445 - Site entry; purposes.
Section 475.455 - Liability of certain persons for cleanup costs.
Section 475.475 - Department record of costs; collection of costs.
Section 475.485 - Costs and penalties as lien; enforcement of lien.
Section 475.495 - Illegal Drug Cleanup Fund; sources; uses.
Section 475.555 - Seizure of drug paraphernalia.
Section 475.565 - Civil penalty for violation of ORS 475.525.
Section 475.744 - Providing hypodermic device to minor prohibited; exception.
Section 475.754 - Affirmative defense to unlawfully possessing pseudoephedrine.
Section 475.806 - Unlawful manufacture of hydrocodone.
Section 475.808 - Unlawful manufacture of hydrocodone within 1,000 feet of school.
Section 475.810 - Unlawful delivery of hydrocodone.
Section 475.812 - Unlawful delivery of hydrocodone within 1,000 feet of school.
Section 475.814 - Unlawful possession of hydrocodone.
Section 475.816 - Unlawful manufacture of methadone.
Section 475.818 - Unlawful manufacture of methadone within 1,000 feet of school.
Section 475.820 - Unlawful delivery of methadone.
Section 475.822 - Unlawful delivery of methadone within 1,000 feet of school.
Section 475.824 - Unlawful possession of methadone.
Section 475.826 - Unlawful manufacture of oxycodone.
Section 475.828 - Unlawful manufacture of oxycodone within 1,000 feet of school.
Section 475.830 - Unlawful delivery of oxycodone.
Section 475.832 - Unlawful delivery of oxycodone within 1,000 feet of school.
Section 475.834 - Unlawful possession of oxycodone.
Section 475.846 - Unlawful manufacture of heroin.
Section 475.848 - Unlawful manufacture of heroin within 1,000 feet of school.
Section 475.850 - Unlawful delivery of heroin.
Section 475.852 - Unlawful delivery of heroin within 1,000 feet of school.
Section 475.854 - Unlawful possession of heroin.
Section 475.866 - Unlawful manufacture of 3,4-methylenedioxymethamphetamine.
Section 475.870 - Unlawful delivery of 3,4-methylenedioxymethamphetamine.
Section 475.874 - Unlawful possession of 3,4-methylenedioxymethamphetamine.
Section 475.876 - Unlawful manufacture of cocaine.
Section 475.878 - Unlawful manufacture of cocaine within 1,000 feet of school.
Section 475.880 - Unlawful delivery of cocaine.
Section 475.882 - Unlawful delivery of cocaine within 1,000 feet of school.
Section 475.884 - Unlawful possession of cocaine.
Section 475.886 - Unlawful manufacture of methamphetamine.
Section 475.888 - Unlawful manufacture of methamphetamine within 1,000 feet of school.
Section 475.890 - Unlawful delivery of methamphetamine.
Section 475.892 - Unlawful delivery of methamphetamine within 1,000 feet of school.
Section 475.894 - Unlawful possession of methamphetamine.
Section 475.898 - Immunity from drug-related offenses for emergency medical assistance.
Section 475.900 - Crime category classification; proof of commercial drug offense.
Section 475.902 - Directives to Oregon Criminal Justice Commission.
Section 475.906 - Penalties for unlawful delivery to minors.
Section 475.908 - Causing another person to ingest a controlled substance.
Section 475.910 - Application of controlled substance to the body of another person; prohibition.
Section 475.912 - Unlawful delivery of imitation controlled substance.
Section 475.914 - Prohibited acts for registrants; penalties.
Section 475.916 - Prohibited acts involving records and fraud; penalties.
Section 475.918 - Falsifying drug test results.
Section 475.920 - Providing drug test falsification equipment.
Section 475.924 - Definitions for ORS 164.061, 475.907, 475.924 and 475.925.
Section 475.925 - Sentences for certain controlled substance offenses.
Section 475.930 - Imposition of sentence under ORS 164.061, 475.907, 475.924 and 475.925.
Section 475.934 - Sentencing of persons with previous conviction for controlled substance offense.
Section 475.935 - Presumptive sentences for certain methamphetamine offenses.
Section 475.940 - Precursor substances described.
Section 475.945 - Authority and duties of Department of State Police; rules.
Section 475.947 - Warning notice for precursor substance violation.
Section 475.949 - Injunctive relief for precursor substance violation.
Section 475.950 - Failure to report precursor substances transaction.
Section 475.955 - Failure to report missing precursor substances.
Section 475.960 - Illegally selling drug equipment.
Section 475.965 - Providing false information on precursor substances report or record.
Section 475.967 - Possession of precursor substance with intent to manufacture controlled substance.
Section 475.969 - Unlawful possession of phosphorus.
Section 475.971 - Unlawful possession of anhydrous ammonia.
Section 475.977 - Possessing or disposing of methamphetamine manufacturing waste.
Section 475.978 - Methyl sulfonyl methane; transfers; records; rules.
Section 475.979 - Unlawful possession of lithium metal or sodium metal.