Oregon Marijuana Laws (2019)

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 Web Search
• Oregon Admin. R. 855-080-022 Web Search

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 Web Search
• Oregon Rev. Stat. §§ 161.605 – .685 Web Search
• Oregon Rev. Stat. § 161.615 Web Search
• Oregon Rev. Stat. § 161.625 Web Search
• Oregon Rev. Stat. § 161.635 Web Search
• Oregon Rev. Stat. § 475.864 Web Search
• Oregon Rev. Stat. § 475.900(2)(b)(E) Web Search
• 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 Web Search
• Oregon Rev. Stat. §§ 161.605 – .685 Web Search
• Oregon Rev. Stat. § 161.615 Web Search
• Oregon Rev. Stat. § 161.625 Web Search
• Oregon Rev. Stat. § 161.635 Web Search
• Oregon Rev. Stat. § 475.856 Web Search
• Oregon Rev. Stat. § 475.860 Web Search
• Oregon Rev. Stat. § 475.900(1)(a)(E) Web Search
• Oregon Rev. Stat. § 475.862 Web Search
• 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 Web Search
• Oregon Rev. Stat. § 161.605 Web Search
• Oregon Rev. Stat. § 161.625 Web Search
• Oregon Rev. Stat. § 475.856 Web Search
• Oregon Rev. Stat. § 475.858 Web Search
• Oregon Rev. Stat. § 475.900(1)(a)(E) Web Search
• Oregon Rev. Stat. § 475.900(1)(c) Web Search
• 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 Web Search
• Oregon Rev. Stat. § 161.605 – .685 Web Search
• Oregon Rev. Stat. § 475.005(16) Web Search
• Oregon Rev. Stat. § 475.864 Web Search
• Oregon Rev. Stat. § 475.900 Web Search
• Oregon v. Ness, 635 P.2d 1025 Web Search
• Or. Ct. App. 1981 Web Search

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 Web Search
• Oregon Rev. Stat. § 475.565 Web Search

Sentencing

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

See

• Sentencing Grid of the Oregon Criminal Justice Commission
  http://www.oregon.gov/cjc/about/Documents/guidelinesgrid.pdf

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 Web Search

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 Web Search
• Oregon Rev. Stat. §§ 131.564(2), (8) Web Search
• Oregon Rev. Stat. § 131.582(4) Web Search

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

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

• Oregon Rev. Stat. § 475.900(b) Web Search
• Sentencing Grid of the Oregon Criminal Justice Commission
  http://www.oregon.gov/cjc/about/Documents/guidelinesgrid.pdf

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 Web Search
• Oregon Rev. Stat. § 161.635 Web Search
• Oregon Rev. Stat. § 475.914 Web Search

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 Web Search
• Oregon Rev. Stat. § 809.280(10) Web Search