- (1) It is unlawful for any person knowingly or intentionally to possess heroin.
(2)
- (a) Unlawful possession of heroin is a drug enforcement misdemeanor punishable as described in ORS 475.896.
- (b) Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class A misdemeanor if the person possesses one gram or more of a mixture or substance containing a detectable amount of heroin.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, unlawful possession of heroin 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).
[2005 c.708 §28; 2017 c.706 §12; 2021 c.2 §14; 2021 c.591 §36; 2024 c.70 §§29,43]