Oregon’s Pre-Crime Law Against Iodine!

Barbara H. Peterson

Farm Wars

If you want to buy Iodine in a feed store in Oregon for your animals, you had better run right over to your local car dealership and buy yourself a vehicle first. Yes, that’s right. If you don’t own a vehicle registered with the DMV, then you either have to have someone else present his/her vehicle registration papers to the proper authorities, or your iodine buying days are over.

I went to town with my neighbor and she drove. Since my goats are getting ready to kid, I thought it would be a good idea to get some sort of iodine solution to treat the umbilical cords. No biggie, just a routine stop at the local Big R feed store. I looked around and decided on Triodine-7. According to the website, this is “for topical application on the skin to disinfect superficial wounds, cuts, abrasions, insect bites and minor bruises.” And it dries up the umbilical stump quickly. So, I put a bottle in my cart along with my goat minerals. Then I approached the cash register. And so it began…

The gal behind the register looked at me, and I looked at her and smiled. Then she pulled out a form and asked for my vehicle registration. PAPERS PLEASE!!! Huh? Why do you want my vehicle registration? She said – it’s for the iodine. You cannot buy this without providing a picture I.D. and your vehicle registration. I said I didn’t drive to town, and therefore, cannot provide my registration papers. Then I got it….. the stink-eye. You know, that look that says I know you’re probably a felon since you won’t show me your papers… I stared right back, prepared to take this to the matt and most likely end up behind bars. Then my neighbor stepped in and provided her registration papers so that we could end the day without someone having to post bail.

Here is a copy of the form provided by the Oregon State Police that she had to fill out just so I could buy one lousy little 16 oz bottle of Triodine-7:

Notice the part that specifically demands a picture I.D. and vehicle registration papers for the transporting vehicle. No car, no iodine.

When I got home, I looked up the law. Read it and weep. It is not only unlawful to buy or sell, but even unlawful to possess unless you fit the description in section 2 of the following:

§ 475.976¹

Unlawful possession of iodine matrix

•  recording transfers
•  unlawful distribution of iodine matrix

(1) Except as otherwise provided in subsection (2) of this section, a person commits the crime of unlawful possession of an iodine matrix if the person knowingly possesses an iodine matrix.

(2) Subsection (1) of this section does not apply to:

(a) A person who possesses an iodine matrix as a prescription drug, pursuant to a prescription issued by a licensed veterinarian or physician;

(b) A person who is actively engaged in the practice of animal husbandry of livestock as defined in ORS 609.125 (Definition of livestock);

(c) A person who possesses an iodine matrix in conjunction with experiments conducted in a chemistry or chemistry related laboratory maintained by a:

(A) Regularly established public or private secondary school;

(B) Public or private institution of higher education that is accredited by a regional or national accrediting agency recognized by the United States Department of Education; or

(C) Manufacturing, government agency or research facility in the course of lawful business activities;

(d) A veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouseman or common carrier or an agent of any of these persons who possesses an iodine matrix in the regular course of lawful business activities; or

(e) A person working in a general hospital who possesses an iodine matrix in the regular course of employment at the hospital.

(3) Except as otherwise provided in subsection (4) of this section, a person who sells or otherwise transfers an iodine matrix to another person shall make a record of each sale or transfer. The record must be made on a form provided by the Department of State Police, completed pursuant to instructions provided by the department and retained by the person for at least three years or sent to the department if directed to do so by the department. Failure to make and retain or send a record required under this subsection is a Class A misdemeanor.

(4) A licensed veterinarian is not required to make a record of a sale or transfer of an iodine matrix under subsection (3) of this section if the veterinarian makes a record of the sale or transfer under other applicable laws or rules regarding the prescribing and dispensing of regulated or controlled substances by veterinarians.

(5) A person commits the crime of unlawful distribution of an iodine matrix if the person knowingly sells or otherwise transfers an iodine matrix to a person not listed in subsection (2) of this section.

(6) Unlawful possession of an iodine matrix is a Class A misdemeanor.

(7) Unlawful distribution of an iodine matrix is a Class A misdemeanor. [2001 c.615 §8; 2005 c.706 §15]

http://www.oregonlaws.org/ors/475.976

Iodine is one of many substances defined by Oregon law as a “precurser” substance. In other words, someone, sometime, might make methamphetamine out of it. Maybe we should ban water or spoons too, since they can be used in the process of making drugs. Where does it end? This is pre-crime law. Even the bottle of Triodine-7 label states clearly: ”Complies with DEA Iodine Regulation 21 C.F.R. 310.2. No DEA registration required.” Yet, if anyone in Oregon is caught with a bottle of iodine and doesn’t fit into the proper mold as defined in Oregon pre-crime law, guess what? That person is a criminal.

Here is the definition of a “precursor substance:”

Chapter 448 Oregon Laws 2003 

AN ACT 

HB 2034 

Relating to precursor substances; creating new provisions; and amending ORS 475.940, 475.950, 475.973 and 475.978. 

Be It Enacted by the People of the State of Oregon: 

 475.940. As used in ORS 475.940 to 475.999:

(1) “Iodine matrix” means iodine at a concentration greater than [1.5] two percent by weight in  a matrix or solution.

(2) “Matrix” means something, as a substance, in which something else originates, develops, or is contained.

(3) “Precursor substance” means:

(a) Phenyl-2-propanone.

(b) Methylamine.

(c) D-lysergic acid.

(d) Ergotamine.

(e) Diethyl Malonate.

(f) Malonic acid.

(g) Ethyl Malonate.

(h) Barbituric acid.

(i) Piperidine.

(j) N-acetylanthranilic acid.

(k) Ethylamine.

(L) Pyrolidine.

(m) Phenylacetic acid.

(n) Anthranilic acid.

(o) Morpholine.

(p) Ephedrine.

(q) Pseudoephedrine.

(r) Norpseudoephedrine.

(s) Phenylpropanolamine.

(t) Benzyl cyanide.

(u) Ergonovine.

(v) 3,4-Methylenedioxyphenyl-2-propanone.

(w) Propionic anhydride.

(x) Insosafrole (Isosafrole).

(y) Safrole.

(z) Piperonal.

(aa) N-methylephedrine.

(bb) N-ethylephedrine.

(cc) N-methylpseudoephedrine.

(dd) N-ethylpseudoephedrine.

(ee) Hydriotic acid.

(gg) 1,4-butanediol.

(hh) Any salt, isomer or salt of an isomer of the chemicals listed in paragraphs (a) to (gg) of this subsection.

(ii) Iodine in its elemental form.

(jj) Iodine matrix.

(kk) Red phosphorus, white phosphorus, yellow phosphorus or hypophosphorus acid and its salts.

(LL) Anhydrous ammonia.

[(mm) Methyl sulfonyl methane (MSM).]

[(nn)] (mm) Any substance established as a precursor substance by rule under authority granted in ORS 475.945.

http://www.leg.state.or.us/03orlaws/sess0400.dir/0448ses.htm

So, whatever you do, don’t buy antihistamines, MSM and iodine on the same day or you just might end up in cuffs even if you do present your papers. And make sure to keep on checking in because it seems that just about anything can be DE CLAREd a “precursor substance” and voila! It is illegal to possess.

Feeling safer now? I know I sure am…. In a pig’s eye! No vehicle? No iodine, or any other thing they want to DE CLARE a precurser substance for a possible crime to be committed sometime in the future. Or, how about forcing you to purchase a house? Can’t afford one? Too bad – no iodine for you!

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