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Oregon Marijuana Laws

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Penalty Details

Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.

See

  • Oregon Rev. Stat. § 574.059
  • Oregon Admin. R. 855-080-022 

Possession

In Public

There is no fine or penalty for possession of 1 ounce or less of marijuana in public. However, the use of any marijuana is a class B violation punishable by a maximum fine of $1,000.

Possession of more than 1 – 2 ounces of marijuana is a class B violation punishable by a fine of up to $1,000.
Possession of more than 2 – 4 ounces of marijuana is a class B misdemeanor punishable by up to 6 months in prison jail and a fine of up to $2,500.

Possession of more than 4 ounces of marijuana is a class A misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.

At Home

There is no fine or penalty for possession of 8 ounces or less of “ homegrown” marijuana if at home.

Possession of more than 1 – 2 pounds of marijuana at home is a class B misdemeanor punishable by up to 6 month in prison and a fine of up to $2,500.

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

See

  • Oregon Rev. Stat. §§ 153.005 – .021 
  • Oregon Rev. Stat. §§ 161.605 – .685 
  • Oregon Rev. Stat. § 161.615
  • Oregon Rev. Stat. § 161.625
  • Oregon Rev. Stat. § 161.635 
  • Oregon Rev. Stat. § 475.864
  • Oregon Rev. Stat. § 475.900(2)(b)(E) 
  • Sentencing Grid of the Oregon Criminal Justice Commission
    http://www.oregon.gov/cjc/about/Documents/guidelinesgrid.pdf

Commercial Sale and Regulation

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state beginning in 2016. State-licensed medical dispensaries are permitted to begin sales to non-medical persons age 21 or older on October 1, 2015. Sales to adults will be limited to no more than one-quarter ounce per person, per visit, per day. Marijuana sales by unlicensed entities remain subject to criminal penalties as described above.

The Oregon Liquor Control Commission has until January 1, 2016, to implement regulations on production, processing, and commercial sale of marijuana. Applications to grow, process, or sell marijuana for personal use will be accepted by the state starting January 4, 2016. The state will start issuing licenses during the first half of 2016. Application and licensing fees be set by the OLCC during rulemaking.

Manufacture, Delivery, or Distribution

Manufacture

Manufacture of any amount of marijuana is a class C felony punishable by up to 5 years in prison and a fine of up to $1,250, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Manufacture of marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Delivery

Delivery of 1 ounce or less of “homegrown” marijuana without compensation carries no fine or penalty.

Delivery of more than 1 ounce – 16 ounces of marijuana without compensation is a Class A violation punishable by a fine not to exceed $2,000. 

Delivery of 16 ounces or more of marijuana with compensation is a misdemeanor by up to 1 year imprisonment and/or a fine up to $6,250.

Delivery of any amount of marijuana to a minor is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Delivery of any amount marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000.

Any delivery (with or without compensation) of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender’s prior record.

See

  • Oregon Rev. Stat. § 153.005 – 025 
  • Oregon Rev. Stat. §§ 161.605 – .685 
  • Oregon Rev. Stat. § 161.615
  • Oregon Rev. Stat. § 161.625 
  • Oregon Rev. Stat. § 161.635 
  • Oregon Rev. Stat. § 475.856
  • Oregon Rev. Stat. § 475.860
  • Oregon Rev. Stat. § 475.900(1)(a)(E) 
  • Oregon Rev. Stat. § 475.862 
  • Sentencing Grid of the Oregon Criminal Justice Commission 
    http://www.oregon.gov/cjc/about/Documents/guidelinesgrid.pdf

Cultivation

There is no fine or penalty for cultivation of up to 4 plants homgrown at home.

Cultivation of more than 4 – 8 plants is a Class B misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $2,500.

See

  • Oregon Rev. Stat. § 153.005 – 025 
  • Oregon Rev. Stat. § 161.605 
  • Oregon Rev. Stat. § 161.625 
  • Oregon Rev. Stat. § 475.856 
  • Oregon Rev. Stat. § 475.900(1)(a)(E)
  • Oregon Rev. Stat. § 475.900(1)(c) 
  • Sentencing Grid of the Oregon Criminal Justice Commission
    http://www.oregon.gov/cjc/about/Documents/guidelinesgrid.pdf

Hash & Concentrates

Possession

There is no fine or penalty for possession of 16 ounces or less of solid infused cannabinoid products, 72 ounces or less of liquid infused cannabinoid products and 1 ounce or less of cannabinoid extracts at home.

Possession of ¼ ounce or less of cannabinoid extract not purchased from retailer is a class B misdemeanor punishable by up to 6 months in prison and a fine of up to $2,500.

Possession of more than ¼ ounce of cannabinoid extract not purchased from retailer is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Note that processing, or extracting is Manufacturing under Oregon law.

See

  • Oregon Rev. Stat. § 153.005 – 025 
  • Oregon Rev. Stat. § 161.605 – .685 
  • Oregon Rev. Stat. § 475.005(16)
  • Oregon Rev. Stat. § 475.864 
  • Oregon Rev. Stat. § 475.900
  • Oregon v. Ness, 635 P.2d 1025 
  • Or. Ct. App. 1981 

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent to sell paraphernalia is subject to a civil penalty of $2,000 to $10,000.

See

  • Oregon Rev. Stat. § 475.525
  • Oregon Rev. Stat. § 475.565 

Sentencing

Oregon determines the length of sentence by using a sentence grid.

See

Diversion: The courts may defer the proceedings for first time possession offenders and place them on probation. If the individual violates the terms of his/her probation, the courts will terminate the probation and find the defendant guilty. Upon successful completion of probation, courts will dismiss the case.

See

  • Oregon Rev. Stat. § 475.245 

Forfeiture

Criminal

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a criminal forfeiture proceeding. Should the district attorney decide to pursue criminal forfeiture, it shall be brought in the same proceeding as the underlying offense. When property has been seized, a person with an interest in it (other than the defendant) has 15 days from actual knowledge or notice, whichever is earlier, to file a motion to show cause.

See

  • Oregon Rev. Stat. § 131.558
  • Oregon Rev. Stat. §§ 131.564(2), (8) 
  • Oregon Rev. Stat. § 131.582(4)
Civil

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a civil forfeiture proceeding. Forfeiture notice may be given by the police officer when seizing the property or within 15 days of the seizure by the seizing agency. Those claiming an interest in the property have 21 days after forfeiture notice to file a claim with the agency’s forfeiture counsel. There can be no forfeiture without a criminal conviction.

See

  • Oregon Rev. Stat. § 131A.020
  • Oregon Rev. Stat. § 131A.105 
  • Oregon Rev. Stat. §§ 131A.150(2)-(3) 
  • Oregon Rev. Stat. § 131A.165 

Miscellaneous

Commercial drug offense

Possession, delivery, or cultivation of marijuana can be considered a commercial drug offense if 3 factors out of a long list are satisfied, including the delivery was for compensation, the person was in possession of $300 or more in cash, they possessed materials for the packaging of controlled substances, among many others. Commercial drug offenses are punished more severely with the term of imprisonment varying depending on the offender’s prior record.

See

Knowingly maintaining a structure used for drug offenses

It is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250 to maintain a structure (including houses and vehicles) that the owner knows is used for using, storing, or selling marijuana.

See

  • Oregon Rev. Stat. § 161.615
  • Oregon Rev. Stat. § 161.635
  • Oregon Rev. Stat. § 475.914
Suspension of Driving Privileges

A conviction for possession of one ounce or more, delivery, or cultivation of marijuana results in an automatic 6 month suspension of driving privileges, unless the court finds compelling reasons not to suspend the driving privileges.

See

  • Oregon Rev. Stat. § 809.265
  • Oregon Rev. Stat. § 809.280(10) 
DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold.

HEMP

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products.

LEGALIZATION

This state has legalized marijuana for personal use.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. 

Oregon Drugged Driving

In Oregon, a person is guilty of DUI if he or she drives while (1) under the influence of intoxicating controlled substance; OR (2) under the influence of any combination of intoxicating liquor, an inhalant and a controlled substance. Or. Ref. Stat. Ann. 813.010(1)(b)-(c) (West 2009).

Affirmative Defense

No person authorized to possess, deliver or produce marijuana for medical use pursuant to Oregon Law shall be excepted from the criminal laws of this state or shall be deemed to have established an affirmative defense to criminal charges of which possession, delivery or production of marijuana is an element if the person, in connection with the facts giving rise to such charges drives under the influence of marijuana. Id. § 475.316(1)(a).*

* In addition to any other penalty allowed by law, a person who the Oregon Health Authority finds has willfully violated the provisions governing the distribution and use of medical cannabis in Oregon may be precluded from obtaining or using a registry identification card for the medical use of marijuana for a period of up to six months, at the discretion of the authority. Id. § 475.316(2).

Implied Consent

  • A person commits the offense of refusal to take a test for intoxicants if the person refuses to take a breath or urine test when requested to do so with probable cause. Id. § 813.095(1).
  • The offense described in this section, refusal to take a test for intoxicants, is a traffic offense punishable by a fine of at least $500 and not more than $1,000. The fine described in this section is in addition to any other consequence prescribed by law for refusal to take a test for intoxicants. Id. § 813.095(2).
  • Person arrested for driving under influence of intoxicants has right to consult with counsel before he may be required to decide whether to submit to test, unless delay would defeat the purpose of test. Bunten v Motor Vehicles Div., 652 P2d 794 (1982).

Penalties

  • First Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; offender may be required to perform up to 160 hours of community service; minimum fine of $1000, but not to exceed $6,250; minimum 30 day license suspension. Id. § 813.010(4); Id. § 813.010 (6)(a).
  • Second Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; offender may be required to perform up to 160 hours of community service; minimum fine of $1,500, but not to exceed $6,250; minimum 60 day license suspension Id. § 813.010(4); Id. § 813.010 (6)(b).
  • Third Offense class A misdemeanor – mandatory minimum of 48 hours in jail; not more than 1 year in jail; minimum fine of $2,000, but not more than $6,250; minimum 1 year license suspension. Id. § 813.010(4); Id. § 813.010 (6)(c).
  • Fourth Offense (within 10 years) Class C Felony – minimum fine of $2,000, but not to exceed $125,000; up to 5 years imprisonment; minimum 1 year license suspension. Id. § 813.010(5)(a); Id. § 813.010 (6)(c).

NOTE: Maximum fine court can impose is $10,000.

Other Penalties & Penalty Enhancers

  • DUI with passenger present in the motor vehicle is under 18 years of age and at least three years younger than the person driving the motor vehicle carries a maximum fine of $10,000. Id. § 813.010(7)(b).

Sobriety Checkpoints

In Oregon, sobriety checkpoints are illegal under the state’s Constitution.

  • Sobriety checkpoint was found impermissible because stops conducted without any individual cause of suspicion. State v. Boyanovsky 743 P.2d 711 (Or. 1987).
  • Sobriety checkpoints must have legislative approval and guidelines. Evidence obtained from a checkpoint for criminal prosecution, without any cause of suspicion, is impermissible. Nelson v. Lane Co., 743 P.2d 692 (Or. 1987).

Oregon Hemp Law

Year Passed: 2009
Summary: The Oregon Legislature approved Senate Bill 676 which “Permits production and possession of industrial hemp and trade in industrial hemp commodities and products.”
Statute: Or. Rev. Stat. §§ 571.300- .315 (2014)

Oregon Medical Marijuana Law

Status

 

Operational

Law Signed:

 1998

QUALIFYING CONDITIONS

  • Alzheimer’s disease
  • Cachexia
  • Cancer
  • Chronic pain
  • Glaucoma
  • HIV or AIDS
  • Nausea
  • Persistent muscle spasms
  • Post-traumatic stress
  • Seizures
  • Other conditions are subject to approval

PATIENT POSSESSION LIMITS

Twenty-four ounces of usable cannabis

HOME CULTIVATION

Yes, six mature cannabis plants, 18 immature seedlings

STATE-LICENSED DISPENSARIES ALLOWED

Yes, A directory of state-licensed dispensaries is available online from Oregon.gov.

STATE-LICENSED DISPENSARIES OPERATIONAL

Yes

MEDICAL MARIJUANA STATUTES

  • Oregon Medical Marijuana Act, Or. Rev. Stat. § 475.300 (2007)
  • Or. Rev. Stat. §§ 475.302(5); 475.312(2) (2007)

CAREGIVERS

Yes, designated primary caregiver is the person that has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition. Primary caregiver does not include the patient’s physician. The caregiver must be 18 years of age or older. A patient may only have one primary caregiver.

ESTIMATED NUMBER OF REGISTERED PATIENTS

RECIPROCITY

No

CONTACT INFORMATION

Equal Medicine Organization Medical Marijuana Cannabis Cultivation