ORS 166.291 & Drug Diversion

duane black · Jun 10, 2013

Hello All...

My question is hopefully simple. This has been in the back of my mind ever since I started considering getting a Oregon out of state CHL.

What exactly is a " drug diversion " when discussing ORS 166.291 ?

Relevant part ( I understand the exceptions ) :

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Has not been convicted of an offense involving controlled substances or participated in a court-supervised drug diversion program, except this disability does not operate to exclude a person if:

(A) The person has been convicted only once of violating ORS 475.864 (Unlawful possession of marijuana) (3) and has not completed a court-supervised drug diversion program under ORS 135.907 (Notification of availability of diversion); or
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California native here so I only know how it's done down south. A drug diversion essentially is the result of a controlled substance charge, where if you are charged with a controlled substance charge you may be eligible to have the charges dropped after completing essentially a court ordered re-hab program. The CA penal code is typically PC 1000 , Prop 36 , OR California Drug Court.

Is this the same for Oregon ?

How about a Oregon DUII diversion ? I realize this isn't a prohibiting offense typically as people with DUII convictions are still eligible, but isn't a DUII diversion a form of " drug diversion " ?

If you read further into 166.291 there seems to be a definition here ? ; The person has completed a court-supervised drug diversion program under ORS 135.907 (Notification of availability of diversion) ?

If this is whats considered a " drug diversion " for the propose of 166.291 how does it apply to out of state diversions or a program like Multnomah's STOP ?

If anybody has any idea I would love to know, definately not a lawyer here just trying to understand. I sent a couple emails out to lawyers in the Portland metro area. Out of two responses, neither knew believe it or not.

And seriously. We really need reciprocity between OR and WA.

Stomper · Jun 10, 2013

Drug Diversion is analogous to first offense DWI diversion. You take a series of classes about the affects and evils of drug/alcohol use/abuse, stay clean and out of trouble for a prescribed amount of time and you get a reduced sentence/fine, even up to having the offence removed from your record.... that sort of thing.

And no, I don't drink and drive and rarely use drugs past Advil (unless prescribed).... EVER.

cueball1214 · Jun 11, 2013

From my CCL application i filled out last month from Washington Co. They ask about Corrut mandated diversion for controlled substances, but they also stat that Alcohol is not a controlled substance.

duane black · Jun 11, 2013

So I contacted (called) yet another attorney today, this person came recommended on this forum and he is also recommended by OFF. Speaking to a CHL holder AND a CPL holder / attorney made all the difference in the world and I think the question is answered.

Following up in case anyone lurking here is curious or if some poor soul finds this thread via a google search in the future. This is not legal advice, the best thing to do is contact a good firearms friendly attorney, PM me for a awesome recommendation.

Basically, the language in 166.291 L is poor. Oregon does not seem to define what a drug diversion " truly " is, this is bad in my opinion as it could give some sheriff the opportunity to interpret the law in a manner that suits them thus allowing a denial.

It would seem a drug diversion is the result of a controlled substance charge, where the court allows you to be DIVERTED out of the criminal system and you to bypass getting a controlled substance conviction. This may seem pretty obvious and straight forward. The problem is there are many different types of drug diversion in Oregon. Multnomahs STOP, drug court, notice of ability of diversion ( 135.097 ), according to the person I spoke with today the DA/court can " create " one by placing stipulations on a person charged as part of a agreement.

For the purposes of 166.291 the attorney I spoke with today said he would argue that it can be any one of those listed, or others if they included DIVERSION and not a CONVICTION as part of the program.

Otherwise, who knows.... He also stated this seems to be a somewhat grey area and the language is simply bad.

Hope this helps someone.

Again, I am not a lawyer and this is NOT legal advice.

Hawaiian · Jun 11, 2013

Participation in a court ordered diversion program does not disqualify you.
A conviction of pot possession does not disqualify you.
A DWI does not disqualify you.
Having two of the above does disqualify you.
And I believe there is a four year waiting period if you only have one of the above.

Example: You have a conviction for possession of a small amount of pot AND you have a DWI or a diversion program to avoid the DWI. You are banned for life from being granted a CHL.

If you only attended a diversion program over four years ago and have no other convictions, you should be good to go.

There is the possibility of getting your record expunged, however you will need to consult an atty and find out if that will apply to securing a CHL.

duane black · Jun 11, 2013

Appreciate the response Hawaiian. I'm GTG. I have neither a controlled substance charge or a drug diversion. Its just something I noticed researching Oregon laws, that Drug Diversion is poorly defined in Oregon law.

Do you believe a DUII diversion falls under the definition of Drug diversion in regards to 166.291 ? It could be argued its a form of drug diversion.

Ed Crabb · Jan 27, 2016

cueball1214 said:
From my CCL application i filled out last month from Washington Co. They ask about Corrut mandated diversion for controlled substances, but they also stat that Alcohol is not a controlled substance.

In this usage a controlled substance means a Federally controlled or classed substance which alcohol does not fit within. It is controlled by the Oregon Liquor Control Board, but that is not a Federal enforcement unit.

Ed Crabb · Feb 20, 2016

Well I can tell you as I was just denied and petitioned the court for review and was told I interpreted the exemptions of 166.291 (L) (a) (b) incorrectly. I had a duii for a prescription medication, my prescription in 2008. I was offered Diversion which as stated above is a was around a conviction, expensive but you get to keep your job, pay your bills feed your family, sounds good right? Well the Marion County Sheriff said no way, the Judge said that section a & b are for Marijuana only, nothing else. So I cant have a concealed carry in Oregon. Look out Boise...