(2)(a) Unlawful possession of heroin is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, unlawful possession of heroin is a Class B felony if:
(A) The person possesses a usable quantity of heroin and:
(i) At the time of the possession, the person has a prior felony conviction;
(ii) At the time of the possession, the person has two or more prior convictions for unlawful possession of a usable quantity of a controlled substance; or
(iii) The possession is a commercial drug offense under ORS 475.900 (1)(b); or
(B) The person possesses one gram or more of a mixture or substance containing a detectable amount of heroin. [2005 c.708 §28; 2017 c.706 §12]
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