Section 813.040 – Standards for determination of problem condition involving alcohol, inhalants or controlled substances.

This section establishes, for purposes of ORS 471.432 and 807.060, when a person has a problem condition involving alcohol, cannabis, psilocybin, controlled substances or inhalants. For purposes of ORS 471.432 and 807.060, a person has a problem condition involving alcohol, cannabis, psilocybin, controlled substances or inhalants if it is determined that the person has a problem condition in which the person’s health or that of others is substantially impaired or endangered or the person’s social or economic function is substantially disrupted because of the person’s:

(1) Habitual or periodic use of:

(a) Alcoholic beverages;

(b) Cannabis, unless the person holds a registry identification card as defined in ORS 475C.777; or

(c) Psilocybin; or

(2) Use of or loss of the ability to control the use of controlled substances, inhalants or other substances with abuse potential, including a condition that may have developed:

(a) A physical dependence in which the body requires a continuing supply of a controlled substance, an inhalant or a drug to avoid characteristic withdrawal symptoms; or

(b) A psychological dependence characterized by an overwhelming mental desire for continued use of a controlled substance, an inhalant or a drug. [1983 c.338 §589; 1999 c.126 §5; 1999 c.619 §9; 1999 c.646 §4; 2017 c.21 §81; 2018 c.76 §14; 2021 c.253 §7]