Oregon weed Laws

7 min read

Oregon Marijuana Laws

February 15, 2023

Oregon has a unique history with marijuana, as it was one of the first states to decriminalize possession of small amounts of cannabis in 1973. In 2014, Oregon passed Measure 91, which legalized the production, sale, and use of recreational marijuana for adults over the age of 21. Since then, the state has established a comprehensive regulatory framework for the industry, becoming a significant source of tax revenue and economic activity. 

Under Oregon marijuana laws, retail sales of recreational marijuana are taxed at 17%. The revenue generated is used to fund schools, mental health and addiction services, law enforcement, and other state programs. In addition, the state has established strict licensing and labeling requirements for marijuana products to ensure public safety and consumer protection. Despite these efforts, cannabis remains illegal under federal law, and its use continues to be a contentious issue in many parts of the country.  

Who Can Purchase Marijuana in Oregon?  

According to Oregon marijuana laws, both recreational and medical marijuana can be purchased by individuals who are 21 years of age or older considering the following amounts: 8 ounces of usable marijuana (dried leaves and flowers), up to 1-ounce cannabinoid extracts or concentrates from a licensed retailer, and 16 ounces cannabinoid product in solid form while medical marijuana cardholders can purchase up to 24 ounces of usable marijuana from a licensed dispensary. 

To remind you, marijuana remains illegal under federal law, and individuals who purchase or possess marijuana can still face federal consequences, even if they are in compliance with state law. This can include prosecution, imprisonment, and the seizure of marijuana plants and related equipment. However, the state of Oregon has made it a priority to regulate and tax the marijuana industry in order to provide a safe and legal source of marijuana for adults who choose to use it. So individuals who purchase marijuana in Oregon can do so with confidence, knowing that they are in compliance with state law. 

Where Can I Use Marijuana in Oregon? 

Under Oregon marijuana laws, it is legal for adults 21 years and older to use marijuana for recreational purposes in private residences or on private property with the owner’s permission. Smoking or consuming marijuana in public places, including parks, sidewalks, and businesses, is illegal and can result in fines. Some hotels, lodges, and campgrounds may allow marijuana use on their property, but it’s always best to confirm their policies beforehand.

Growing Marijuana in Oregon

The cultivation of marijuana in Oregon is regulated by the Oregon Liquor Control Commission (OLCC). Under marijuana laws, adults over 21 can cultivate up to 4 plants per household for personal use. Medical marijuana cardholders can grow up to 6 plants as long as the plants are grown in a secure, enclosed area that is not visible from a public place.

The OLCC requires growers to obtain a license and follow strict standards for producing and labeling marijuana products. In addition, the OLCC conducts regular inspections of marijuana grow sites to ensure compliance with state law and to prevent the diversion of marijuana into the illegal market. Despite these regulations, the state of Oregon has become a significant producer of marijuana, with a thriving industry that is providing jobs and tax revenue to the state.

Driving Under Influence

Under marijuana laws, driving while under the influence of marijuana is illegal in Oregon and can have severe consequences. If a driver is found to have a THC concentration of 5 ng/ml or higher in their blood, they can be charged with driving under the influence of drugs (DUII). The penalties for a DUII conviction can include fines, jail time, license suspension, and mandatory drug education classes. 

Additionally, a DUII conviction can have long-term consequences, such as increased insurance rates, difficulty finding employment, and a criminal record. It is important for individuals who consume marijuana to understand the effects of the drug and never to operate a vehicle while impaired. Law enforcement agencies in Oregon are trained to detect and prosecute individuals who drive while under the influence of drugs, including marijuana. 

Medical Marijuana Program

Oregon has a well-established medical marijuana program that has been in place since 1998. Patients with qualifying medical conditions can obtain a medical marijuana card from the Oregon Health Authority after obtaining a recommendation from a licensed physician. With a valid medical marijuana card, patients can purchase more significant amounts of marijuana, have access to higher THC products than recreational users, and grow more plants.

The medical marijuana program in Oregon has been instrumental in providing patients with access to alternative forms of treatment for their medical conditions. Patients with chronic pain have reported significant relief from symptoms after using medical marijuana. In addition, medical marijuana has been shown to be an effective treatment for conditions such as epilepsy, multiple sclerosis, and glaucoma. With its long history of providing patients with access to medical marijuana, the state of Oregon has become a leader in implementing medical marijuana programs across the country.

Despite the challenges, the medical marijuana program in Oregon continues to serve as a model for other states looking to provide patients with access to alternative forms of treatment.

Qualifying Conditions

To apply for a medical marijuana card in Oregon under marijuana laws, you must be a state resident with a qualifying medical condition which are the following: 

  • Cancer;
  • Glaucoma;
  • HIV/AIDS;
  • Post-traumatic stress disorder (PTSD);
  • Cachexia (a weight-loss disease that can be caused by HIV or cancer);
  • Severe pain;
  • Severe nausea;
  • Seizures, including but not limited to seizures caused by epilepsy;
  • Persistent muscle spasms, including but not limited to spasms caused by; multiple sclerosis.

Under Oregon marijuana laws, you must obtain a recommendation from a qualified healthcare professional and submit an application to the Oregon Medical Marijuana Program (OMMP) along with the required documentation and fees. Additionally, you must be at least 18 years old or have a designated caregiver who is at least 18 years old.

Advertising and Labeling Laws in Oregon 

Advertising and labeling laws in Oregon are established by the Oregon Liquor Control Commission (OLCC) to protect consumers and ensure the safety of marijuana products. 

The following are critical aspects of the advertising and labeling laws in Oregon:

Restrictions on Advertising

Marijuana advertisements may not target individuals under the age of 21, may not make false or misleading claims, and may not promote excessive use or impaired driving. Additionally, advertisements must be placed in a location where individuals under the age of 21 are not permitted.

Labeling Requirements

All marijuana products must be labeled with the THC and CBD content, including the date of packaging and the name and address of the producer. In addition, all marijuana products must be tested for contaminants and potency, and the results of these tests must be included on the product label.

Child-resistant packaging

All marijuana products must be packaged in a manner that is child-resistant in order to prevent accidental ingestion by minors.

Health warnings

All marijuana products must include health warnings on the packaging, such as the risk of impaired driving and potential negative effects on pregnancy and fetal development.

These regulations are designed to provide consumers with the information they need to make informed decisions about the use of marijuana and to ensure that all marijuana products are produced and sold safely and responsibly. By complying with these advertising and labeling laws, marijuana producers and retailers can help to promote public health and safety and support the growth of the marijuana industry in Oregon.

Tax Regulations in Oregon

In Oregon, marijuana sales are subject to a tax known as the Oregon marijuana tax. This tax is imposed on the sale of recreational and medical marijuana and is collected by the Oregon Department of Revenue. The current tax rate is 17% for recreational marijuana and 0% for medical marijuana.

The revenue generated by the Oregon marijuana tax supports various state programs, such as education, health care, and law enforcement. In addition, a portion of the tax revenue is dedicated to funding research on the impacts of marijuana legalization to understand better the effects of marijuana on public health and safety. By taxing marijuana sales, the state of Oregon can generate significant revenue while providing consumers with a safe and regulated source of marijuana. Additionally, the tax structure helps to discourage the illegal market for marijuana by making legal, taxed products more accessible and affordable to consumers.

Conclusion

In conclusion, the marijuana laws in Oregon are designed to regulate and tax the production, sale, and use of marijuana in the state. These laws aim to protect consumers, ensure public safety, and generate tax revenue for the state.  

With a thriving marijuana industry and a growing demand for legal marijuana, it is important for individuals and businesses to understand and comply with the laws in Oregon, which are subject to constant change. Therefore, the information provided here can not be interpreted as legal advice.