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STATE v. KAST

CR 0871 TM; CA A74299.

852 P.2d 242 (1993)

120 Or. App. 74

STATE of Oregon, Appellant, v. Larry Arnold KAST, Respondent.

Court of Appeals of Oregon.

Decided May 12, 1993.

Attorney(s) appearing for the Case

Kaye E. Sunderland, Asst. Atty. Gen., Salem, argued the cause, for appellant. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Robert J. McCrea, Eugene, waived appearance for respondent.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant was charged with unlawful possession of a Schedule II controlled substance, methylamine, in violation of ORS 475.992. The trial court sustained his demurrer to the indictment. The state appeals and we reverse.

ORS 475.005(6) defines "controlled substance" as

"a drug or its immediate precursor classified in Schedules I through V under the Federal Controlled Substances Act, 21 U.S.C. §§ 811 to 812, as...

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