State v. Forrester

Defendant appeals from his conviction of criminal activity in drugs, ORS 167.207(1). Both the state and defendant stipulated that defendant possessed 5 milligrams of heroin, and that such an amount was sufficient to allow the identification of the drug, but insufficient to result in any discernible effect upon introduction into the body of a user. The sole question on appeal is whether ORS 167.207(1) applies to possession of a quantity of a narcotic drug which is "identifiable” but not "useable” in that it is not a quantity sufficient to produce a discernible effect.

ORS 167.207(1) provides:

"A…