Bill Text: OR HB3434 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to measurement of :q2.within 1,000 feet:q2e.

Sponsorship: Partisan Bill (Republican 1)

Status: (Passed) 2013-07-01 - Chapter 588, (2013 Laws): Effective date January 1, 2014. [HB3434 Detail]

Download: Oregon-2013-HB3434-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3757

                         House Bill 3434

Sponsored by Representative ESQUIVEL

                             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.

  Defines 'within 1,000 feet' as straight line measurement in
radius extending 1,000 feet or less in every direction from a
specified location or from boundary line of property for purposes
of determining whether certain activities and operations are
unlawful.

                        A BILL FOR AN ACT
Relating to measurement of 'within 1,000 feet'; creating new
  provisions; and amending ORS 430.590 and 475.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 475.005 is amended to read:
  475.005. As used in ORS 475.005 to 475.285 and 475.752 to
475.980, unless the context requires otherwise:
  (1) 'Abuse' means the repetitive excessive use of a drug short
of dependence, without legal or medical supervision, which may
have a detrimental effect on the individual or society.
  (2) 'Administer' means the direct application of a controlled
substance, whether by injection, inhalation, ingestion or any
other means, to the body of a patient or research subject by:
  (a) A practitioner or an authorized agent thereof; or
  (b) The patient or research subject at the direction of the
practitioner.
  (3) 'Administration' means the Drug Enforcement Administration
of the United States Department of Justice, or its successor
agency.
  (4) 'Agent' means an authorized person who acts on behalf of or
at the direction of a manufacturer, distributor or dispenser. It
does not include a common or contract carrier, public
warehouseman or employee of the carrier or warehouseman.
  (5) 'Board' means the State Board of Pharmacy.
  (6) 'Controlled substance':
  (a) Means a drug or its immediate precursor classified in
Schedules I through V under the federal Controlled Substances
Act, 21 U.S.C. 811 to 812, as modified under ORS 475.035. The use
of the term 'precursor' in this paragraph does not control and is
not controlled by the use of the term 'precursor' in ORS 475.752
to 475.980.
  (b) Does not mean industrial hemp, as defined in ORS 571.300,
or industrial hemp commodities or products.
  (7) 'Counterfeit substance' means a controlled substance or its
container or labeling, which, without authorization, bears the
trademark, trade name, or other identifying mark, imprint, number
or device, or any likeness thereof, of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, delivered or dispensed the substance.
  (8) 'Deliver' or 'delivery' means the actual, constructive or
attempted transfer, other than by administering or dispensing,
from one person to another of a controlled substance, whether or
not there is an agency relationship.
  (9) 'Device' means instruments, apparatus or contrivances,
including their components, parts or accessories, intended:
  (a) For use in the diagnosis, cure, mitigation, treatment or
prevention of disease in humans or animals; or
  (b) To affect the structure of any function of the body of
humans or animals.
  (10) 'Dispense' means to deliver a controlled substance to an
ultimate user or research subject by or pursuant to the lawful
order of a practitioner, and includes the prescribing,
administering, packaging, labeling or compounding necessary to
prepare the substance for that delivery.
  (11) 'Dispenser' means a practitioner who dispenses.
  (12) 'Distributor' means a person who delivers.
  (13) 'Drug' means:
  (a) Substances recognized as drugs in the official United
States Pharmacopoeia, official Homeopathic Pharmacopoeia of the
United States or official National Formulary, or any supplement
to any of them;
  (b) Substances intended for use in the diagnosis, cure,
mitigation, treatment or prevention of disease in humans or
animals;
  (c) Substances (other than food) intended to affect the
structure or any function of the body of humans or animals; and
  (d) Substances intended for use as a component of any article
specified in paragraph (a), (b) or (c) of this subsection;
however, the term does not include devices or their components,
parts or accessories.
  (14) 'Electronically transmitted' or 'electronic transmission'
means a communication sent or received through technological
apparatuses, including computer terminals or other equipment or
mechanisms linked by telephone or microwave relays, or any
similar apparatus having electrical, digital, magnetic, wireless,
optical, electromagnetic or similar capabilities.
  (15) 'Manufacture' means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance, either directly or indirectly by extraction
from substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and
chemical synthesis, and includes any packaging or repackaging of
the substance or labeling or relabeling of its container, except
that this term does not include the preparation or compounding of
a controlled substance:
  (a) By a practitioner as an incident to administering or
dispensing of a controlled substance in the course of
professional practice; or
  (b) By a practitioner, or by an authorized agent under the
practitioner's supervision, for the purpose of, or as an incident
to, research, teaching or chemical analysis and not for sale.
  (16) 'Marijuana':
  (a) Except as provided in this subsection, means all parts of
the plant Cannabis family Moraceae, whether growing or not; the
resin extracted from any part of the plant; and every compound,
manufacture, salt, derivative, mixture, or preparation of the
plant or its resin.
  (b) Does not mean the mature stalks of the plant, fiber
produced from the stalks, oil or cake made from the seeds of the
plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin
extracted therefrom), fiber, oil, or cake, or the sterilized seed
of the plant which is incapable of germination.
  (c) Does not mean industrial hemp, as defined in ORS 571.300,
or industrial hemp commodities or products.
  (17) 'Person' includes a government subdivision or agency,
business trust, estate, trust or any other legal entity.
  (18) 'Practitioner' means physician, dentist, veterinarian,
scientific investigator, certified nurse practitioner, physician
assistant or other person licensed, registered or otherwise
permitted by law to dispense, conduct research with respect to or
to administer a controlled substance in the course of
professional practice or research in this state but does not
include a pharmacist or a pharmacy.
  (19) 'Prescription' means a written, oral or electronically
transmitted direction, given by a practitioner for the
preparation and use of a drug. When the context requires,
'prescription ' also means the drug prepared under such written,
oral or electronically transmitted direction. Any label affixed
to a drug prepared under written, oral or electronically
transmitted direction shall prominently display a warning that
the removal thereof is prohibited by law.
  (20) 'Production' includes the manufacture, planting,
cultivation, growing or harvesting of a controlled substance.
  (21) 'Research' means an activity conducted by the person
registered with the federal Drug Enforcement Administration
pursuant to a protocol approved by the United States Food and
Drug Administration.
  (22) 'Ultimate user' means a person who lawfully possesses a
controlled substance for the use of the person or for the use of
a member of the household of the person or for administering to
an animal owned by the person or by a member of the household of
the person.  { +
  (23) 'Within 1,000 feet' means a straight line measurement in a
radius extending for 1,000 feet or less in every direction from a
specified location or from any point on the boundary line of a
specified unit of property. + }
  SECTION 2. ORS 430.590 is amended to read:
  430.590. (1) It is unlawful for any person to commence
operating a methadone clinic:
  (a) Within 1,000 feet of the real property comprising an
existing public or private elementary, secondary or career school
attended primarily by minors; or
  (b) Within 1,000 feet of the real property comprising an
existing licensed child care facility. As used in this section, '
licensed child care facility' means a child care center certified
under ORS 657A.280 that is operating under authority of a valid
business license.
  (2) Commencing operation of a methadone clinic within 1,000
feet of a school or licensed child care facility is a nuisance
and operation of the clinic shall be enjoined and abated as
provided in ORS 105.550 to 105.600.
   { +  (3) For purposes of this section, 'within 1,000 feet'
means a straight line measurement in a radius extending for 1,000
feet or less in every direction from any point on the boundary
line of the real property comprising an existing public or
private elementary, secondary or career school or an existing
licensed child care facility under this section. + }
  SECTION 3.  { + The amendments to ORS 430.590 and 475.005 by
sections 1 and 2 of this 2013 Act apply to unlawful activities
and operations occurring before, on or after the effective date
of this 2013 Act. + }
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