Oregon Code § 475.973·Enacted ·Last updated March 01, 2026
Statute Text
Rulemaking authority regarding products containing ephedrine, pseudoephedrine
and phenylpropanolamine; records.
(1)(a) The State Board of Pharmacy may not adopt rules that exempt a product
containing ephedrine or pseudoephedrine from classification as a controlled
substance. Except as otherwise provided in this paragraph, the State Board of
Pharmacy shall adopt rules to classify ephedrine, pseudoephedrine and
phenylpropanolamine as Schedule III controlled substances. The Schedule III
classification may be modified by the State Board of Pharmacy if the State
Board of Pharmacy finds that restrictions on products containing ephedrine,
pseudoephedrine or phenylpropanolamine under a Schedule III designation do not
significantly reduce the number of methamphetamine laboratories within the
state.
(b) Records of
transactions involving products containing ephedrine, pseudoephedrine or
phenylpropanolamine are subject to inspection by the State Board of Pharmacy
and law enforcement agencies. A person required to make or maintain records of
transactions involving products containing ephedrine, pseudoephedrine or phenylpropanolamine
shall forward the records to the Department of State Police if directed to do
so by the department. Failure to forward records as required by this paragraph
is a Class A misdemeanor.
(2) This section
does not apply to products that the State Board of Pharmacy, upon application
of a manufacturer, exempts by rule because the product is formulated to
effectively prevent conversion of the active ingredient into methamphetamine or
its salts or precursors. Upon notification from the Department of State Police
that the department has probable cause to believe that a product exempted under
this subsection does not effectively prevent conversion of the active
ingredient into methamphetamine or its salts or precursors, the State Board of
Pharmacy may issue an emergency rule revoking the exemption for the product
pending a full hearing. [2001 c.615 §6; 2003 c.448 §3; 2005 c.706 §11; 2011
c.524 §26]
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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