It used to be that you could consume intoxicants while in diversion as long as you did not use such intoxicants in conjunction with the operation of a motor vehicle. However, the Oregon legislature changed the statute on diversion in June 2011. As of June 23, 2011, anyone entering into the diversion program must agree, upon filing a petition with the court to enter into diversion, not to use intoxicants during the diversion period.
The legislature did, however, make exceptions for the following:
- Consumption of sacramental wine as part of a religious rite or service
- Valid prescription for a substance qualifying as an intoxicant when using such substance as prescribed
- Using a nonprescription drug in accordance with the directions for use that are printed on the label for that nonprescription drug
