Under federal law (applicable in all states) it is illegal for a person to knowingly or intentionally possess a controlled substance, unless the substance was obtained through a valid prescription or order from a practitioner, while acting in the course of the practitioner’s professional practice. See 21 U.S.C. §844.
The term controlled substance means a drug or other substance—or an immediate precursor to the drug or other substance—that is included in schedule I, II, III, IV, or V of the relevant portion of the United States Code (statute). See 21 U.S.C. §841.
The term practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted by the United States or the jurisdiction (state) in which he practices or does research to distribute, dispense, conduct related research, administer, or use in teaching or chemical analysis a controlled substance in the course of such professional practice or research. 21 U.S.C. §802(21).
As under federal law, state laws usually classify substances in groups or schedules that determine which substances are included in the definition of controlled substances, and the potential penalties or punishments for possessing them without legal authorization. Criminal charges and penalties for these offenses vary from state to state and are usually located in a state’s statutes—often in the penal or criminal code. Illegal possession of controlled substances may also be prosecuted under federal law. See 21 U.S.C. §844.
Under both federal and Oregon state law, it is illegal to possess a controlled substance without a valid prescription or order from a licensed practitioner. Controlled substances are classified into five schedules (I-V) based on their potential for abuse, with Schedule I substances having the highest potential for abuse and no accepted medical use. In Oregon, the statutes that govern controlled substances are aligned with federal regulations, and the state has its own schedules and definitions for controlled substances, which can be found in the Oregon Revised Statutes (ORS). Possession of a controlled substance can lead to criminal charges, with penalties varying depending on the schedule of the substance and the amount in possession. Both state and federal authorities can prosecute these offenses, and the severity of the punishment can range from fines to imprisonment. It is important for individuals in Oregon to understand both state and federal laws regarding controlled substances to ensure compliance and avoid legal repercussions.