Oregon Marijuana Laws

Oregon voters legalized marijuana for recreational use in November 2014, and the law took effect July 1, 2015. Medical marijuana has been legal in the state since 1998. 

Oregon Marijuana Attorneys

The following Oregon lawyers are actively involved in the practice of cannabis law:

Oregon_davidowenslaw.
Oregon_loneylawgroup

LAW BREAKDOWN

Simple Possession

Public

Oregon marijuana laws allow adults aged 21 and older to possess up to 1 ounce in public. Public use of cannabis, however, is a class B violation, punishable by a fine of up to $1,000.

Public possession of between 1 and 2 ounces of marijuana is a class B violation, punishable by a maximum $650 fine.

Public possession of between 2 and 4 ounces of marijuana is a class B misdemeanor, punishable by up to 6 months in jail and fines not exceeding $2,500.

Public possession of any amount of marijuana exceeding 4 ounces is a class A misdemeanor, and the maximum possible punishment is a year in prison and a fine of up to $6,250.

At Home

Marijuana laws in Oregon allow possession of a relatively large amount of cannabis at home. It is legal to possess up to 8 ounces on one’s own property.

Possession of 1 – 2 pounds of marijuana is a class B misdemeanor, with a maximum penalty of six months in prison and a fine not exceeding $2,500.

Possession of more than 2 pounds of marijuana at home is a class A misdemeanor, punishable by a maximum of 1 year in prison and up to $6,250 in fines.

Sale or Distribution

Sale. Sale of marijuana is legal for state-licensed entities to those aged 21 and older. As well as recreational dispensaries, medical marijuana dispensaries are permitted to sell to non-medical persons. Sale is restricted to one-quarter ounce per person, per visit, per day.

Gifting. Oregon cannabis laws allow gifting of as much as 1 ounce to another person as long as there is no financial compensation, while the transfer of between 1 and 16 ounces without compensation is a class A violation punishable by up to $2,000 in fines.

Sale to a minor. Oregon cannabis law provides heavier penalties for incidents involving minors. Any sale or distribution of cannabis to a minor is a class C felony, punishable by a maximum 5 years in prison and fines of up to $125,000.

Sale near a school. Sale of marijuana within 1,000 feet of school property is considered a class A felony and carries a maximum punishment of 20 years in prison and $375,000 in fines.

Penalties are typically harsher in cases involving sale or distribution of at least 150 grams (roughly 5.5 ounces), as these are considered commercial transactions.

Cultivation

Oregon marijuana growing laws allow the cultivation of up to 4 plants at any given time, as long as they are out of public view. Growing between 4 and 8 plants is a misdemeanor punishable by 6 months in jail and a $2,500 fine, while growing more than 8 plants (unlicensed) is a felony punishable by up to 5 years in prison and $125,000 in fines.

More severe punishments are handed down in cases where cannabis was sold within 1,000 feet of school property.

Hash and Concentrates

Oregon marijuana law also allows possession of hashish and concentrates, and possession limits depend on the particular substance. Possession of up to 16 ounces of solid-infused cannabis, 72 ounces of liquid-infused cannabis, and one ounce of marijuana extract are allowed.

Paraphernalia

Possession of marijuana paraphernalia is legal in Oregon. Sale is also legal, as long as the customer is aged 21 or over.

MEDICAL MARIJUANA

Oregon medical marijuana laws removes state-level criminal penalties for the use, possession and cultivation by qualifying patients. Patients must possess a signed recommendation from a physician confirming marijuana “may mitigate” his or her debilitating disease.

Qualifying conditions – Alzheimer’s disease, Cachexia, Cancer, Chronic pain, Glaucoma, HIV/AIDS, Nausea, persistent muscle spasms, Post-Traumatic Stress Disorder (PTSD), seizures and other conditions are subject to approval.

Patient possession limits – Twenty-four ounces of usable marijuana

Home cultivation – Yes. Six mature plants are allowed, as well as up to 18 immature seedlings.

State-licensed dispensaries – Yes. A directory of state-licensed dispensaries can be found at oregon.gov

Caregivers – Yes. A primary caregiver is a person who is responsible for managing the well-being of a qualifying patient diagnosed with a debilitating medical condition. A primary caregiver must be at least 18 years of age and must not be the patient’s physician. A patient can only have one primary caregiver at any one time.

Reciprocity – No

Contact informationOregon Health Authority

PENALTIES

Offense Penalty Incarceration   Max. Fine

Possession

In Public

1 oz or less No Penalty None $ 0
More than 1 – 2 oz Violation N/A $ 650
More than 2 – 4 oz Misdemeanor 6 months $ 2,500
More than 4 oz Misdemeanor 1 year $ 6,250

At Home

8 oz or less homegrown No Penalty None $ 0
More than 1 – 2 lbs Misdemeanor 6 months $ 2,500
More than 2 lbs Misdemeanor 1 year $ 6,250

Manufacture, Delivery, or Distribution

Manufacture

Any amount Felony 5 years $ 125,000
Within 1000 feet of school grounds Felony 20 years $ 375,000
Personal home gardens and licensed production sites exempted.

Delivery

1 oz or less homegrown without compensation No Penalty None $ 0
More than 1 oz – 16 oz without compensation Violation None $ 2,000
16 oz or more with compensation Misdemeanor 1 year $ 6,250
To a minor Felony 5 years $ 125,000
Within 1000 feet of school grounds Felony 20 years $ 375,000
Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Up to 4 plants homegrown No Penalty None $ 0
More than 4 – 8 plants Misdemeanor 6 months $ 2,500
More than 8 plants homegrown or any amount away from home (unlicensed) Felony 5 years $ 125,000
Within 1,000 feet of a school (except homegrown or licensed) Felony 20 years $ 375,000

Hash & Concentrates

16 oz or less solid infused at home No Penalty None $ 0
72 oz or less liquid infused at home No Penalty None $ 0
1 oz or less extract at home No Penalty None $ 0
0.25 oz or less not purchased from retailer Misdemeanor 6 months $ 2,500
More than 0.25 oz not purchased from retailer Felony 5 years $ 125,000
Note that processing, or extracting is Manufacturing under Oregon law.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver Civil Penalty N/A $ 10,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses Misdemeanor 1 year $ 6,250
Commercial drug offenses are punished more severely.
A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana can result in an automatic 6 months suspension of driving privileges.