Separates the possession, delivery and manufacture of fentanyl from general controlled substance offense statutes into separate statutes.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 507
Sponsored by Senator SMITH DB (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act makes separate statutes for fentanyl crimes. The Act also increases sentences
for some fentanyl crimes. The Act goes into effect when the Governor signs it. (Flesch Readability
Score: 66.1).
Separates the possession, delivery and manufacture of fentanyl from general controlled sub-
stance offense statutes into separate statutes.
Establishes a mandatory minimum sentence for the delivery of fentanyl to a person under 18
years of age. Beginning July 1, 2033, prohibits optional probation or a downward departure as a
sentence for the manufacture or delivery of fentanyl if a person has a previous conviction.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to fentanyl; creating new provisions; amending ORS 423.478, 475.245, 475.752, 475.898,
475.900, 475.907 and 475.934 and sections 35 and 52, chapter 70, Oregon Laws 2024; and declar-
ing an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Sections 2 to 6 of this 2025 Act are added to and made a part of ORS 475.806
to 475.894.
SECTION 2. (1) It is unlawful for any person knowingly or intentionally to possess
fentanyl, or any substituted derivative of fentanyl as defined by the rules of the State Board
of Pharmacy, unless the fentanyl or derivative was obtained directly from, or pursuant to a
valid prescription or order of, a practitioner while acting in the course of professional prac-
tice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980.
(2)(a) Unlawful possession of fentanyl is a drug enforcement misdemeanor punishable as
described in section 35, chapter 70, Oregon Laws 2024.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of fentanyl is
a Class A misdemeanor if the person possesses one gram or more or five or more user units
of a mixture or substance containing a detectable amount of fentanyl, or any substituted
derivative of fentanyl as defined by the rules of the State Board of Pharmacy.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of
fentanyl 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).
SECTION 3.
(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it
is unlawful for any person to deliver fentanyl, or any substituted derivative of fentanyl as
defined by the rules of the State Board of Pharmacy.
(2) Unlawful delivery of fentanyl is a Class B felony.
(3) Notwithstanding subsection (2) of this section, unlawful delivery of fentanyl is a Class
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 3189
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A felony if the delivery is to a person under 18 years of age.
SECTION 4.
(1) Except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it
is unlawful for any person to deliver fentanyl, or any substituted derivative of fentanyl as
defined by the rules of the State Board of Pharmacy, within 1,000 feet of the real property
comprising a public or private elementary, secondary or career school attended primarily by
minors.
(2) Unlawful delivery of fentanyl within 1,000 feet of a school is a Class A felony.
SECTION 5.
(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 fentanyl, or any substituted derivative of fentanyl
as defined by the rules of the State Board of Pharmacy.
(2) Unlawful manufacture of fentanyl is a Class B felony.
SECTION 6.
(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 fentanyl, or any substituted derivative of fentanyl
as defined by the rules of the State Board of Pharmacy, 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 of fentanyl within 1,000 feet of a school is a Class A felony.
SECTION 7.
ORS 475.752, as amended by sections 28 and 39, chapter 70, Oregon Laws 2024, is
amended to read:
475.752. (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 controlled substance. Any person who violates this sub-
section with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise pro-
vided in ORS 475.886 and 475.890.
(b) A controlled substance in Schedule II, is guilty of a Class B felony, except as otherwise
provided in ORS 475.878, 475.880, 475.882, 475.904 and 475.906 and sections 3, 4 and 6 of this 2025
Act.
(c) A controlled substance in Schedule III, is guilty of a Class C felony, except as otherwise
provided in ORS 475.904 and 475.906.
(d) A controlled substance in Schedule IV, is guilty of a Class B misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a Class C misdemeanor.
(2) Except as authorized in ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any
person to create or deliver a counterfeit substance. Any person who violates this subsection with
respectto:
(a) A counterfeit substance in Schedule I, is guilty of a Class A felony.
(b) A counterfeit substance in Schedule II, is guilty of a Class B felony.
(c) A counterfeit substance in Schedule III, is guilty of a Class C felony.
(d) A counterfeit substance in Schedule IV, is guilty of a Class B misdemeanor.
(e) A counterfeit substance in Schedule V, is guilty of a Class C misdemeanor.
(3) It is unlawful for any person knowingly or intentionally to possess a controlled substance
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. Any person who violates this subsection with re-
spect to:
(a) A controlled substance in Schedule I, is guilty of a drug enforcement misdemeanor
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punishable as described in section 35, chapter 70, Oregon Laws 2024, except as otherwise provided
in ORS 475.854, 475.874 and 475.894 and subsection (7) of this section.
(b) A controlled substance in Schedule II, is guilty of a drug enforcement misdemeanor
punishable as described in section 35, chapter 70, Oregon Laws 2024, except as otherwise provided
in ORS 475.814, 475.824, 475.834 or 475.884 or section 2 of this 2025 Act or subsection (8) of this
section.
(c) A controlled substance in Schedule III, is guilty of a drug enforcement misdemeanor
punishable as described in section 35, chapter 70, Oregon Laws 2024.
(d) A controlled substance in Schedule IV, is guilty of a drug enforcement misdemeanor
punishable as described in section 35, chapter 70, Oregon Laws 2024.
(e) A controlled substance in Schedule V, is guilty of a violation.
(4) It is an affirmative defense in any prosecution under this section for manufacture, possession
or delivery of the plant of the genus Lophophora commonly known as peyote that the peyote is being
used or is intended for use:
(a) In connection with the good faith practice of a religious belief;
(b) As directly associated with a religious practice; and
(c) In a manner that is not dangerous to the health of the user or others who are in the prox-
imity of the user.
(5) The affirmative defense created in subsection (4) of this section is not available to any person
who has possessed or delivered the peyote while incarcerated in a correctional facility in this state.
(6)(a) Notwithstanding subsection (1) of this section, a person who unlawfully manufactures or
delivers a controlled substance in Schedule IV and who thereby causes death to another person is
guilty of a Class C felony.
(b) For purposes of this subsection, causation is established when the controlled substance plays
a substantial role in the death of the other person.
(7) Notwithstanding subsection (3)(a) of this section:
(a) Unlawful possession of a controlled substance in Schedule I is a Class A misdemeanor if the
person possesses:
(A) Forty or more user units of a mixture or substance containing a detectable amount of
lysergic acid diethylamide; or
(B) Twelve grams or more of a mixture or substance containing a detectable amount of
psilocybin or psilocin.
(b) Unlawful possession of a controlled substance in Schedule I 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).
(8) Notwithstanding subsection (3)(b) of this section,[:]
[(a) Unlawful possession of a controlled substance in Schedule II is a Class A misdemeanor if the
person possesses one gram or more or five or more user units of a mixture or substance containing a
detectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the
State Board of Pharmacy. ]
[(b)] unlawful possession of a controlled substance in Schedule II is a Class C felony if:
[(A)] (a) The possession is a commercial drug offense under ORS 475.900 (1)(b); or
[(B)] (b) The person possesses a substantial quantity under ORS 475.900 (3)(b).
SECTION 8.
ORS 475.900, as amended by section 25, chapter 70, Oregon Laws 2024, is amended
to read:
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475.900. (1) A violation of ORS 475.752, 475.806 to 475.894, 475.904 or 475.906 shall be classified
as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery or manufacture of a controlled substance and involves
substantial quantities of a controlled substance. For purposes of this paragraph, the following
amounts constitute substantial quantities of the following controlled substances:
(A) Five grams or more of a mixture or substance containing a detectable amount of heroin;
(B) Five grams or more or 25 or more user units of a mixture or substance containing a de-
tectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the
State Board of Pharmacy;
(C) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;
(D) Ten grams or more of a mixture or substance containing a detectable amount of metham-
phetamine, its salts, isomers or salts of its isomers;
(E) Two hundred or more user units of a mixture or substance containing a detectable amount
of lysergic acid diethylamide;
(F) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin
or psilocin; or
(G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance con-
taining a detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(b) The violation constitutes possession, delivery or manufacture of a controlled substance and
the possession, delivery or manufacture is a commercial drug offense. A possession, delivery or
manufacture is a commercial drug offense for purposes of this subsection if it is accompanied by at
least three of the following factors:
(A) The delivery was of heroin, fentanyl, cocaine, methamphetamine, lysergic acid diethylamide,
psilocybin or psilocin and was for consideration;
(B) The offender was in possession of $300 or more in cash;
(C) The offender was unlawfully in possession of a firearm or other weapon as described in ORS
166.270 (2), or the offender used, attempted to use or threatened to use a deadly or dangerous
weapon as defined in ORS 161.015, or the offender was in possession of a firearm or other deadly
or dangerous weapon as defined in ORS 161.015 for the purpose of using it in connection with a
controlled substance offense;
(D) The offender was in possession of materials being used for the packaging of controlled sub-
stances such as scales, wrapping or foil, other than the material being used to contain the substance
that is the subject of the offense;
(E) The offender was in possession of drug transaction records or customer lists;
(F) The offender was in possession of stolen property;
(G) Modification of structures by painting, wiring, plumbing or lighting to facilitate a controlled
substance offense;
(H) The offender was in possession of manufacturing paraphernalia, including recipes, precursor
chemicals, laboratory equipment, lighting, ventilating or power generating equipment;
(I) The offender was using public lands for the manufacture of controlled substances;
(J) The offender had constructed fortifications or had taken security measures with the potential
of injuring persons; or
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(K) The offender was in possession of controlled substances in an amount greater than:
(i) Three grams or more of a mixture or substance containing a detectable amount of heroin;
(ii) Three grams or more or 15 or more user units of a mixture or substance containing a de-
tectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the
State Board of Pharmacy;
(iii) Eight grams or more of a mixture or substance containing a detectable amount of cocaine;
(iv) Eight grams or more of a mixture or substance containing a detectable amount of metham-
phetamine;
(v) Twenty or more user units of a mixture or substance containing a detectable amount of
lysergic acid diethylamide;
(vi) Ten grams or more of a mixture or substance containing a detectable amount of psilocybin
or psilocin; or
(vii) Four grams or more or 20 or more pills, tablets or capsules of a mixture or substance
containing a detectable amount of:
(I) 3,4-methylenedioxyamphetamine;
(II) 3,4-methylenedioxymethamphetamine; or
(III) 3,4-methylenedioxy-N-ethylamphetamine.
(c) The violation constitutes a violation of ORS 475.848, 475.852, 475.868, 475.872, 475.878,
475.882, 475.888, 475.892 or 475.904 or section 4 or 6 of this 2025 Act .
(d) The violation constitutes manufacturing methamphetamine and the manufacturing consists
of:
(A) A chemical reaction involving one or more precursor substances for the purpose of manu-
facturing methamphetamine; or
(B) Grinding, soaking or otherwise breaking down a precursor substance for the purpose of
manufacturing methamphetamine.
(e) The violation constitutes a violation of ORS 475.906 (1) or (2) that is not described in ORS
475.907.
(2) A violation of ORS 475.752 or 475.806 to 475.894 shall be classified as crime category 7 of
the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation consti-
tutes delivery for consideration of heroin, cocaine, fentanyl, methamphetamine or
3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamineand:
(a) The person knows, or reasonably should have known, that the delivery is occurring within
500 feet of the real property comprising a treatment facility;
(b) The person knows, or reasonably should have known, that the delivery is occurring within
500 feet of the real property comprising a temporary residence shelter; or
(c) The delivery occurs within 30 feet of the real property comprising a public park.
(3) A violation of ORS 475.752 or 475.806 to 475.894 shall be classified as crime category 6 of
the sentencing guidelines grid of the Oregon Criminal Justice Commission if:
(a) The violation constitutes delivery of heroin, cocaine, fentanyl, methamphetamine or
3,4-methylenedioxyamphetamine, 3,4-methylenedioxymethamphetamine or
3,4-methylenedioxy-N-ethylamphetamine and is for consideration.
(b) The violation constitutes possession of substantial quantities of a controlled substance. For
purposes of this paragraph, the following amounts constitute substantial quantities of the following
controlled substances:
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(A) Five grams or more of a mixture or substance containing a detectable amount of heroin;
(B) Five grams or more or 25 or more user units of a mixture or substance containing a de-
tectable amount of fentanyl, or any substituted derivative of fentanyl as defined by the rules of the
State Board of Pharmacy;
(C) Ten grams or more of a mixture or substance containing a detectable amount of cocaine;
(D) Ten grams or more of a mixture or substance containing a detectable amount of metham-
phetamine;
(E) Two hundred or more user units of a mixture or substance containing a detectable amount
of lysergic acid diethylamide;
(F) Sixty grams or more of a mixture or substance containing a detectable amount of psilocybin
or psilocin; or
(G) Five grams or more or 25 or more pills, tablets or capsules of a mixture or substance con-
taining a detectable amount of:
(i) 3,4-methylenedioxyamphetamine;
(ii) 3,4-methylenedioxymethamphetamine; or
(iii) 3,4-methylenedioxy-N-ethylamphetamine.
(4) A violation of ORS 475.752 or 475.806 to 475.894 shall be classified as crime category 5 of
the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation consti-
tutes delivery of heroin, cocaine, fentanyl, methamphetamine or 3,4-methylenedioxyamphetamine,
3,4-methylenedioxymethamphetamine or 3,4-methylenedioxy-N-ethylamphetamine and:
(a) The person knows, or reasonably should have known, that the delivery is occurring within
500 feet of the real property comprising a treatment facility;
(b) The person knows, or reasonably should have known, that the delivery is occurring within
500 feet of the real property comprising a temporary residence shelter; or
(c) The delivery occurs within 30 feet of the real property comprising a public park.
(5) Any felony violation of ORS 475.752 or 475.806 to 475.894 not contained in subsections (1) to
(4) of this section shall be classified as crime category 4 of the sentencing guidelines grid of the
Oregon Criminal Justice Commission if the violation involves delivery or manufacture of a con-
trolled substance.
(6) In order to prove a commercial drug offense, the state shall plead in the accusatory instru-
ment sufficient factors of a commercial drug offense under subsection (1) of this section. The state
has the burden of proving each factor beyond a reasonable doubt.
(7) As used in this section:
(a) “Mixture or substance” means any mixture or substance, whether or not the mixture or
substance is in an ingestible or marketable form at the time of the offense.
(b) “Public park” means a park operated by the state, a county, a city or a park and recreation
district.
(c) “Temporary residence shelter” means a building that provides shelter on a temporary basis
for individuals and families who lack permanent housing.
(d) “Treatment facility” has the meaning given that term in ORS 430.306.
SECTION 9.
ORS 475.907 is amended to read:
475.907. (1) When a person is convicted of the unlawful delivery of cocaine, methamphetamine,
heroin, fentanyl or ecstasy to a person under 18 years of age, the court shall sentence the person
to a term of incarceration ranging from 34 months to 72 months, depending on the person’s criminal
history.
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(2) The sentence described in subsection (1) of this section does not apply to a person who is less
than three years older than the person under 18 years of age to whom the controlled substance was
delivered, unless the person has a previous conviction for delivery of cocaine, methamphetamine,
heroin, fentanyl or ecstasy to a person under 18 years of age.
SECTION 10.
ORS 475.934 is amended to read:
475.934. (1) When a court sentences a person convicted of a crime listed in subsection (2) of this
section, the court may not impose a sentence of optional probation or grant a downward disposi-
tional departure or a downward durational departure under the rules of the Oregon Criminal Justice
Commission if the person has a previous conviction for any of the crimes listed in subsection (2) of
this section.
(2) The crimes to which subsection (1) of this section applies are:
(a) Manufacture or delivery of a controlled substance under ORS 475.752 (1);
(b) Creation or delivery of a counterfeit substance under ORS 475.752 (2);
(c) Manufacture or delivery of heroin under ORS 475.846, 475.848, 475.850 or 475.852;
(d) Manufacture or delivery of fentanyl under section 3, 4, 5 or 6 of this 2025 Act;
[(d)] (e) Manufacture or delivery of 3,4-methylenedioxymethamphetamine under ORS 475.866,
475.868, 475.870 or 475.872;
[(e)] (f) Manufacture or delivery of cocaine under ORS 475.876, 475.878, 475.880 or 475.882;
[(f)] (g) Manufacture or delivery of methamphetamine under ORS 475.886, 475.888, 475.890 or
475.892;
[(g)] (h) Manufacture or delivery of a controlled substance within 1,000 feet of a school under
ORS 475.904;
[(h)] (i) Delivery of a controlled substance to a person under 18 years of age under ORS 475.906;
and
[(i)] (j) Possession of a precursor substance with intent to manufacture a controlled substance
under ORS 475.967.
(3)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have
occurred upon the pronouncement in open court of sentence. However, when sentences are imposed
for two or more convictions arising out of the same conduct or criminal episode, none of the con-
victions is considered to have occurred prior to any of the other convictions arising out of the same
conduct or criminal episode.
(b) For a crime committed prior to November 1, 1989, a conviction is considered to have oc-
curred upon the pronouncement in open court of a sentence or upon the pronouncement in open
court of the suspended imposition of a sentence.
(4) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.
(5) As used in this section, “previous conviction” includes convictions entered in any other state
or federal court for comparable offenses.
SECTION 11.
ORS 475.898 is amended to read:
475.898. (1) A person who contacts emergency medical services or a law enforcement agency to
obtain medical assistance for another person who needs medical assistance due to a drug-related
overdose is immune from arrest , [or] prosecution or the imposition of a civil penalty for an offense
listed in subsection (3) of this section if the evidence of the offense was obtained because the person
contacted emergency medical services or a law enforcement agency.
(2) A person who is in need of medical assistance due to a drug-related overdose is immune from
arrest, [ or] prosecution or the imposition of a civil penalty for an offense listed in subsection (3)
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of this section if the evidence of the offense was obtained because any person contacted emergency
medical services or a law enforcement agency to obtain medical assistance for the person.
(3) The immunity conferred under subsections (1) and (2) of this section applies to arrest , [ and]
prosecution and the imposition of a civil penalty for:
(a) Frequenting a place where controlled substances are used as described in ORS 167.222;
(b) Possession of a controlled substance as described in ORS 475.752;
(c) Unlawful possession of hydrocodone as described in ORS 475.814;
(d) Unlawful possession of methadone as described in ORS 475.824;
(e) Unlawful possession of oxycodone as described in ORS 475.834;
(f) Unlawful possession of heroin as described in ORS 475.854;
(g) Unlawful possession of fentanyl as described in section 2 of this 2025 Act;
[(g)] (h) Unlawful possession of 3,4-methylenedioxymethamphetamine as described in ORS
475.874;
[(h)] (i) Unlawful possession of cocaine as described in ORS 475.884;
[(i)] (j) Unlawful possession of methamphetamine as described in ORS 475.894;
[(j)] (k) Unlawfully possessing a prescription drug as described in ORS 689.527 (6); and
[(k)] (L) Unlawful possession of drug paraphernalia with intent to sell or deliver as described
in ORS 475.525.
(4)(a) A person may not be arrested for violating, or found to be in violation of, the conditions
of the person’s pretrial release, probation, post-prison supervision or parole if the violation involves:
(A) The possession or use of a controlled substance or frequenting a place where controlled
substances are used; and
(B) The evidence of the violation was obtained because the person contacted emergency medical
services or a law enforcement agency to obtain medical assistance for another person who needed
medical assistance due to a drug-related overdose.
(b) A person may not be arrested for violating, or found to be in violation of, the conditions of
the person’s pretrial release, probation, post-prison supervision or parole if the violation involves:
(A) The possession or use of a controlled substance or frequenting a place where controlled
substances are used; and
(B) The evidence of the violation was obtained because the person was in need of medical as-
sistance due to a drug-related overdose and any person contacted emergency medical services or a
law enforcement agency to obtain medical assistance for the person.
(5)(a) A person may not be arrested on an outstanding warrant for any of the offenses listed in
subsection (3) of this section, or on an outstanding warrant for a violation, other than commission
of a new crime, of the conditions of the person’s probation, post-prison supervision or parole for
conduct that would constitute an offense listed in subsection (3) of this section, if the location of the
person was obtained because the person contacted emergency medical services or a law enforcement
agency to obtain medical assistance for another person who needed medical assistance due to a
drug-related overdose.
(b) A person may not be arrested on an outstanding warrant for any of the offenses listed in
subsection (3) of this section, or on an outstanding warrant for a violation, other than commission
of a new crime, of the conditions of the person’s probation, post-prison supervision or parole for
conduct that would constitute an offense listed in subsection (3) of this section, if the location of the
person was obtained because the person was in need of medical assistance due to a drug-related
overdose and any person contacted emergency medical services or a law enforcement agency to
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obtain medical assistance for the person.
(c) This subsection does not apply to outstanding federal warrants or outstanding warrants is-
sued from other states.
(6) The immunity from arrest and prosecution described in this section is not grounds for the
suppression of evidence relating to a criminal offense other than the offenses listed in subsection (3)
of this section.
(7) As used in this section:
(a) “Controlled substance” has the meaning given that term in ORS 475.005.
(b) “Drug-related overdose” means an acute condition, including mania, hysteria, extreme phys-
ical illness, coma or death, resulting from the consumption or use of a controlled substance, or an-
other substance with which a controlled substance was combined, that a person would reasonably
believe to be a condition that requires medical attention.
SECTION 12.
ORS 475.245, as amended by section 53, chapter 70, Oregon Laws 2024, is
amended to read:
475.245. (1)(a) Whenever a person is charged with an offense listed in subsection (5) of this sec-
tion, the court, with the consent of the district attorney and the person, may defer further pro-
ceedings and place the person on probation. The terms of the probation shall be defined by a
probation agreement.
(b) A probation agreement carries the understanding that if the defendant fulfills the terms of
the agreement, the criminal charges filed against the defendant will be dismissed with prejudice.
(c) The agreement must contain a waiver of the following rights of the defendant with respect
to each criminal charge:
(A) The right to a speedy trial and trial by jury;
(B) The right to present evidence on the defendant’s behalf;
(C) The right to confront and cross-examine witnesses against the defendant;
(D) The right to contest evidence presented against the defendant, including the right to object
to hearsay evidence; and
(E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt
entered under subsection (2) of this section, unless the appeal is based on an allegation that the
sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.
(d) The agreement must include a requirement that the defendant pay any restitution owed to
the victim as determined by the court, and any fees for court-appointed counsel ordered by the court
under ORS 135.050.
(e) The agreement may not contain a requirement that the defendant enter a plea of guilty or
no contest on any charge in the accusatory instrument.
(f) Entering into a probation agreement does not constitute an admission of guilt and is not
sufficient to warrant a finding or adjudication of guilt by a court.
(g) Police reports or other documents associated with the criminal charges in a court file other
than the probation agreement may not be admitted into evidence, and do not establish a factual
basis for finding the defendant guilty, unless the court resumes criminal proceedings and enters an
adjudication of guilt under subsection (2) of this section.
(2) Upon violation of a term or condition of the probation agreement, the court may impose
sanctions of up to a total of 30 days of imprisonment, or resume the criminal proceedings and may
find the defendant guilty of the offenses in the accusatory instrument in accordance with the waiver
of rights in the probation agreement. The defendant may not contest the sufficiency of the evidence
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establishing the defendant’s guilt of the offenses in the accusatory instrument.
(3) Upon fulfillment of the terms and conditions of the probation agreement, the court shall
discharge the person and dismiss the proceedings against the person. Discharge and dismissal under
this section shall be without adjudication of guilt and is not a conviction for purposes of this section
or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime. There
may be only one discharge and dismissal under this section with respect to any person.
(4) In the event that the period of probation under this section expires, but the terms and con-
ditions of the probation agreement have not been fulfilled and no probation violation proceeding was
initiated prior to the expiration of the period of probation, the court may not discharge the person
and dismiss the proceedings against the person. The court shall instead issue an order requiring the
person to appear and to show cause why the court should not enter an adjudication of guilt as de-
scribed in subsection (2) of this section due to the failure of the person to fulfill the terms and
conditions of the probation agreement prior to expiration of the period of probation. At the hearing
on the order to show cause, after considering any evidence or argument from the district attorney
and the person, the court may:
(a) Order a new period of probation to allow the person to fulfill the terms and conditions of the
probation agreement; or
(b) Enter an adjudication of guilt as described in subsection (2) of this section.
(5) This section applies to the following offenses:
(a) Possession of a controlled substance under ORS 475.752 (3), 475.814, 475.824, 475.834, 475.854,
475.874, 475.884 or 475.894 or section 2 of this 2025 Act ;
(b) Unlawfully possessing a prescription drug under ORS 689.527 (6);
(c) Unlawfully possessing marijuana plants, usable marijuana, cannabinoid products, cannabinoid
concentrates or cannabinoid extracts as described in ORS 475C.337 or 475C.341, if the offense is a
misdemeanor or felony;
(d) Endangering the welfare of a minor under ORS 163.575 (1)(b);
(e) Frequenting a place where controlled substances are used under ORS 167.222; and
(f) A property offense that is motivated by a dependence on a controlled substance or a
marijuana item as defined in ORS 475C.009.
SECTION 13.
ORS 423.478, as amended by section 2, chapter 58, Oregon Laws 2024, and section
47, chapter 70, Oregon Laws 2024, is amended to read:
423.478. (1) The Department of Corrections shall:
(a) Operate prisons for offenders sentenced to terms of incarceration for more than 12 months;
(b) Provide central information and data services sufficient to:
(A) Allow tracking of offenders; and
(B) Permit analysis of correlations between sanctions, supervision, services and programs, and
future criminal conduct; and
(c) Provide interstate compact administration and jail inspections.
(2) Subject to ORS 423.483, each county, in partnership with the department, shall assume re-
sponsibility for community-based supervision, sanctions and services for offenders convicted of felo-
nies, designated drug-related misdemeanors or designated person misdemeanors, or persons who have
entered into a probation agreement on a drug enforcement misdemeanor pursuant to section 52,
chapter 70, Oregon Laws 2024, who are:
(a) On parole;
(b) On probation;
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(c) On post-prison supervision;
(d) Sentenced, on or after January 1, 1997, to 12 months or less incarceration;
(e) Sanctioned, on or after January 1, 1997, by a court or the State Board of Parole and Post-
Prison Supervision to 12 months or less incarceration for violation of a condition of parole, pro-
bation or post-prison supervision; or
(f) On conditional release under ORS 420A.206.
(3) Notwithstanding the fact that the court has sentenced a person to a term of incarceration,
when an offender is committed to the custody of the supervisory authority of a county under ORS
137.124 (2) or (4), the supervisory authority may execute the sentence by imposing sanctions other
than incarceration if deemed appropriate by the supervisory authority. If the supervisory authority
releases a person from custody under this subsection and the person is required to report as a sex
offender under ORS 163A.010, the supervisory authority, as a condition of release, shall order the
person to report to the Department of State Police, a city police department or a county sheriff’s
office or to the supervising agency, if any:
(a) When the person is released;
(b) Within 10 days of a change of residence;
(c) Once each year within 10 days of the person’s birth date;
(d) Within 10 days of the first day the person works at, carries on a vocation at or attends an
institution of higher education; and
(e) Within 10 days of a change in work, vocation or attendance status at an institution of higher
education.
(4) As used in this section:
(a) “Attends,” “institution of higher education,” “works” and “carries on a vocation” have the
meanings given those terms in ORS 163A.005.
(b) “Designated drug-related misdemeanor” means:
(A) Unlawful possession of a Schedule I controlled substance under ORS 475.752 (3)(a);
(B) Unlawful possession of a Schedule II controlled substance under ORS 475.752 (3)(b);
(C) Unlawful possession of a Schedule III controlled substance under ORS 475.752 (3)(c);
(D) Unlawful possession of a Schedule IV controlled substance under ORS 475.752 (3)(d);
(E) Unlawful possession of a Schedule I controlled substance under ORS 475.752 (7)(a);
(F) Unlawful possession of fentanylunder [ORS 475.752 (8)(a) ] section 2 (2)(a) of this 2025
Act;
(G) Unlawful possession of fentanyl under section 2 (2)(b) of this 2025 Act;
[(G)] (H) Unlawful possession of hydrocodone under ORS 475.814 (2)(a);
[(H)] (I) Unlawful possession of hydrocodone under ORS 475.814 (2)(b);
[(I)] (J) Unlawful possession of methadone under ORS 475.824 (2)(a);
[(J)] (K) Unlawful possession of methadone under ORS 475.824 (2)(b);
[(K)] (L) Unlawful possession of oxycodone under ORS 475.834 (2)(a);
[(L)] (M) Unlawful possession of oxycodone under ORS 475.834 (2)(b);
[(M)] (N) Unlawful possession of heroin under ORS 475.854 (2)(a);
[(N)] (O) Unlawful possession of heroin under ORS 475.854 (2)(b);
[(O)] (P) Unlawful possession of 3,4-methylenedioxymethamphetamine under ORS 475.874 (2)(a);
[(P)] (Q) Unlawful possession of 3,4-methylenedioxymethamphetamine under ORS 475.874 (2)(b);
[(Q)] (R) Unlawful possession of cocaine under ORS 475.884 (2)(a);
[(R)] (S) Unlawful possession of cocaine under ORS 475.884 (2)(b);
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[(S)] (T) Unlawful possession of methamphetamine under ORS 475.894 (2)(a);
[(T)] (U) Unlawful possession of methamphetamine under ORS 475.894 (2)(b); or
[(U)] (V) Interfering with public transportation under ORS 166.116 (1)(e).
(c) “Designated person misdemeanor” means:
(A) Assault in the fourth degree constituting domestic violence if the judgment document is as
described in ORS 163.160 (4);
(B) Menacing constituting domestic violence if the judgment document is as described in ORS
163.190 (3); or
(C) Sexual abuse in the third degree under ORS 163.415.
SECTION 14.
Section 35, chapter 70, Oregon Laws 2024, is amended to read:
Sec. 35. (1) Unlawful possession of a controlled substance constituting a drug enforcement
misdemeanor under ORS 475.752 (3)(a), (b), (c) or (d), 475.814 (2)(a), 475.824 (2)(a), 475.834 (2)(a),
475.854 (2)(a), 475.874 (2)(a), 475.884 (2)(a) or 475.894 (2)(a) or section 2 (2)(a) of this 2025 Act is
punishable as described in this section.
(2)(a) When imposing a sentence for the crime described in this section:
(A) The court may decide to not suspend the imposition or execution of any part of the sentence,
and impose a term of incarceration in accordance with ORS 137.010 (7) of up to 180 days, only upon
the request of the defendant.
(B) If the defendant has not requested to be sentenced under subparagraph (A) of this paragraph,
or if the court has decided not to sentence the defendant under subparagraph (A) of this paragraph,
the court shall suspend the imposition of any sentence of incarceration and, notwithstanding ORS
137.010 (4), impose a sentence of supervised probation of a definite period of up to 18 months.
(b) When imposing a sentence of probation under this section, the court may not order as a
condition of probation that the defendant serve a sentence of incarceration or confinement in the
countyjail.
(c) Notwithstanding ORS 135.050, 137.010 (7), 161.635 and 161.665, the court may not include in
the judgment of conviction for the crime described in this section a requirement that the defendant
pay a fine, cost, assessment or attorney fee.
(d) ORS 137.540 (2)(a) does not apply to sentences imposed under this section.
(3)(a) Structured, intermediate sanctions as described in ORS 137.593 may be imposed in ac-
cordance with rules adopted under ORS 137.595 when a condition of a term of probation imposed
under this section has been violated.
(b) Upon a finding that the person on probation has violated a condition of probation imposed
under this section, the court may impose a sanction, which may include days in jail.
(c) The total amount of jail that a person may receive pursuant to structured, intermediate
sanctions, or a court-imposed sanctions, on a probation imposed under this section is 30 days. Any
term of incarceration imposed as a sanction must allow for early release to a treatment facility.
(d) The court may extend the length of a probation sentence imposed under this section if the
person on probation consents to the extension. The total term of probation may not exceed five
years.
(4)(a) Notwithstanding ORS 137.545 (5)(a)(B) and 137.593, upon the court’s revocation of a sen-
tence of probation imposed under this section, the court may impose as a revocation sentence up to
180 days’ incarceration. For any sentence of incarceration imposed under this paragraph, the court
shall authorize early release to an inpatient or outpatient drug and alcohol treatment program as
described in paragraph (b) of this subsection.
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(b) Upon imposing a revocation sentence of incarceration under this subsection, the court shall
commit the person to the custody of the supervisory authority under ORS 137.124. The county
community corrections agency shall monitor when an inpatient or outpatient drug and alcohol
treatment program becomes available for the person and shall notify the person when a program is
available. In order to be released early to the program, the person must enter into a revocation
release agreement subject to such conditions as determined by the county community corrections
agency. If the person violates the terms of the revocation release agreement, the county community
corrections agency may cause the person to return to jail to serve the remainder of the
incarceration sentence originally imposed.
(c) When a person has been released to an inpatient or outpatient drug and alcohol treatment
program under paragraph (b) of this subsection, each day that the person is in the community and
subject to the revocation release agreement shall count toward the total term of incarceration im-
posed as a revocation sentence.
(d) When imposing a revocation sentence of incarceration under this section, the court shall
order, and may not deny, that the person receive credit for time served for any day that the person
was previously incarcerated on the charge.
SECTION 15.
Section 52, chapter 70, Oregon Laws 2024, is amended to read:
Sec. 52. (1)(a) When a person is charged with unlawful possession of a controlled substance
under ORS 475.752 (3)(a), (b), (c) or (d), 475.814 (2)(a), 475.824 (2)(a), 475.834 (2)(a), 475.854 (2)(a),
475.874 (2)(a), 475.884 (2)(a) or 475.894 (2)(a) or section 2 (2)(a) of this 2025 Act constituting a drug
enforcement misdemeanor as described in section 35 [ of this 2024 Act ], chapter 70, Oregon Laws
2024, the person is eligible to enter, and subject to paragraphs (b) and (c) of this subsection may
request to enter, into a probation agreement as described in this section.
(b) The district attorney may object to the defendant’s entry into a probation agreement under
this section. After hearing the reasons for the objection, the court may deny the person’s entry if
the probation agreement would not serve the needs of the person or the protection and welfare of
the community.
(c) A person may request to enter into a probation agreement under this section no later than
30 days after the person’s first appearance, unless the court authorizes a later date for good cause
shown. For purposes of this paragraph, the filing of a demurrer, a motion to suppress or a motion
for an omnibus hearing does not constitute good cause.
(d) When a person enters into a probation agreement under this section, the court shall defer
further proceedings on the charge described in paragraph (a) of this subsection and place the person
on probation. The terms of the probation shall be defined by a probation agreement.
(e) A person may enter into a probation agreement under this section on the charge described
in paragraph (a) of this subsection regardless of whether the person is charged with other offenses
within the same charging instrument or as part of a separate charging instrument, but the pro-
ceedings on the other offenses continue in the normal course and are not deferred.
(2)(a) A probation agreement described in this section carries the understanding that if the de-
fendant fulfills the terms of the agreement, the charge described in subsection (1)(a) of this section
that is the subject of the agreement will be dismissed with prejudice.
(b) The initial term of probation shall be 12 months, subject to early termination by the court.
The terms of the probation shall include the general conditions of probation described in ORS
137.540 (1) and a requirement that the defendant complete a substance abuse evaluation and any
treatment recommended by the evaluator. The court may impose sanctions of up to a total of 30 days
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of imprisonment upon finding that the person has violated the conditions of probation. Structured,
intermediate sanctions as described in ORS 137.593 may be imposed in accordance with rules
adopted under ORS 137.595 when the conditions of a term of probation described in this section have
been violated.
(c) The agreement must contain a waiver of the following rights of the defendant with respect
to each criminal charge:
(A) The right to a speedy trial and trial by jury;
(B) The right to present evidence on the defendant’s behalf;
(C) The right to confront and cross-examine witnesses against the defendant;
(D) The right to contest evidence presented against the defendant, including the right to object
to hearsay evidence; and
(E) The right to appeal from a judgment of conviction resulting from an adjudication of guilt
entered under subsection (3) of this section, unless the appeal is based on an allegation that the
sentence exceeds the maximum allowed by law or constitutes cruel and unusual punishment.
(d) The agreement may not contain a requirement that the defendant enter a plea of guilty or
no contest on any charge in the accusatory instrument.
(e) The fact that a person has entered into a probation agreement under this section does not
constitute an admission of guilt and is not sufficient to warrant a finding or adjudication of guilt
by a court.
(f) Police reports or other documents associated with the criminal charges in a court file other
than the probation agreement may not be admitted into evidence, and do not establish a factual
basis for finding the defendant guilty, unless the court resumes criminal proceedings and enters an
adjudication of guilt under subsection (3) of this section.
(3) Upon violation of a term or condition of the probation agreement, the court may impose a
sanction or may resume the criminal proceedings and may find the defendant guilty of the charge
that is the subject of the agreement in accordance with the waiver of rights in the agreement. The
defendant may not contest the sufficiency of the evidence establishing the defendant’s guilt of the
offenses in the accusatory instrument.
(4) Upon the conclusion or early termination of the probation period, if the court has received
notice from the district attorney or a supervising officer that the person has fulfilled the terms and
conditions of the probation agreement, the court shall discharge the person and dismiss the charge
that is the subject of the agreement. Discharge and dismissal under this section shall be without
adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqual-
ifications or disabilities imposed by law upon conviction of a crime.
(5) In the event that the period of probation under this section expires, but the court has not
received notice that the terms and conditions of the probation agreement have been fulfilled and no
probation violation proceeding was initiated prior to the expiration of the period of probation, the
court may not discharge the person and dismiss the proceedings against the person. The court shall
instead issue an order requiring the person to appear and to show cause why the court should not
enter an adjudication of guilt as described in subsection (3) of this section due to the failure of the
person to fulfill the terms and conditions of the probation agreement prior to expiration of the pe-
riod of probation. At the hearing on the order to show cause, after considering any evidence or ar-
gument from the district attorney and the person, the court may:
(a) Order a new period of probation to allow the person to fulfill the terms and conditions of the
probation agreement; or
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(b) Enter an adjudication of guilt as described in subsection (3) of this section.
SECTION 16.
This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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