Cannabis in Oregon
Oregon Cannabis Laws
Is Weed Legal in Oregon?
In Oregon, both medical and recreational marijuana are legal. In 1998, state voters approved the Oregon Medical Marijuana Act, thus legalizing medical marijuana. The passage of this act made it legal for Oregon residents diagnosed with one of the state’s qualifying medical conditions to purchase marijuana at licensed dispensaries. The approval of this act also permitted qualifying medical patients to grow their own cannabis or designate a caregiver to grow cannabis for them.
Also, recreational marijuana has been legal in Oregon since 2014 when state voters approved Measure 91. Oregon’s recreational marijuana program permits adults at least 21 years old to purchase, possess and cultivate their own cannabis plants.
Buying Marijuana In Oregon
Purchasing marijuana in Oregon is quite easy with both recreational and medical marijuana being legal. The state also doesn't have very strict regulations when it comes to purchasing. See below for more information!
Buying Marijuana In a Retail Location In Oregon
To purchase marijuana in Oregon, you must either be a registered medical marijuana patient, a designated caregiver or an adult at least 21 years old. You must visit a licensed state dispensary or retailer and bring a form of identification such as a driver’s license or state ID. Some dispensaries in Oregon only serve medical marijuana patients and caregivers, so it’s advised to research before traveling to a new dispensary.
Using a Marijuana Delivery Service
In Oregon, marijuana delivery services are available to medical patients, caregivers and recreational consumers at least 21 years old. In 2016, Oregon permitted the city of Portland to participate in the home delivery program. Two years later, state regulators decided to permit marijuana delivery operations in areas of Oregon where licensed marijuana activity is strictly prohibited. The updated rules for home marijuana deliveries were approved by the Oregon Liquor Control Commission near the end of 2018 and the updated delivery program went into effect on December 28th of 2018.
However, not all marijuana dispensaries and retailers offer home delivery services. If you’re interested in receiving marijuana deliveries, these are the daily product limits:
- Up to 1 ounce of marijuana flower
- Up to 5 grams of marijuana concentrates
- Up to 72 ounces of liquid forms of marijuana or up to 1 pound of marijuana-infused edibles
According to the OLCC requirements and Measure 91, licensed marijuana retailers and dispensaries in the state of Oregon can open as early as 7 in the morning and stay open until as late as 10 in the evening. During this time frame, retailers can serve products to medical marijuana patients, caregivers and recreational users at least 21 years old. Local governments can further restrict legal operating hours within their jurisdiction if they choose.
As of October 1st of 2015, adults at least 21 years old can purchase these quantities of marijuana products from licensed retailers and dispensaries:
- Up to 1 ounce of marijuana flower per day-- although you can have as much as 6 ounces in your home
- Up to 5 grams of marijuana concentrates or extracts
- Up to 16 ounces (by weight) of marijuana products in solid form containing no more than 50 milligrams of THC per package
- Up to 72 ounces of marijuana products in liquid form such as tinctures
- Up to 10 marijuana seeds
- Up to 4 immature (non-flowering) marijuana plants per consumer per year
Whereas, medical marijuana patients and designated caregivers can purchase larger quantities of marijuana products such as the following:
- Up to 8 ounces of flower/bud per day and no more than 32 ounces per month
- Up to 5 grams of cannabis concentrates or extracts
- Up to 16 ounces (by weight) of marijuana products in solid form containing no more than 100 milligrams of THC per package
- Up to 72 ounces of liquid edibles such as tinctures
- Up to 6 mature (flowering) marijuana plants
- As of 2016, medical patients and caregivers can purchase as many marijuana seeds and immature plants as a dispensary is willing to sell
In Oregon, medical patients, designated caregivers and recreational consumers at least 21 years old can purchase various marijuana products including flower/bud, infused edibles, topical products, items in liquid form such as tinctures, concentrates and extracts, marijuana seeds and clones.
Taxes on Marijuana In Oregon
Taxes on Recreational Marijuana In Oregon
At a state level, licensed OLCC marijuana retailers are subject to a 17 percent sales tax and possibly an additional 3 percent at a local level. Ultimately, recreational consumers who are at least 21 years old have to pay state taxes on top of the costs of marijuana products themselves. Depending on the city a dispensary operates in, the only taxes a recreational customer would have to pay are state taxes, which range from 17-20 percent.
Taxes on Medical Marijuana In Oregon
Medical marijuana patients are in an advantageous position because they don’t have to pay any taxes on the products they buy. This benefit applies to designated caregivers as well. However, designated caregivers must bring the medical card of the patient they’re buying marijuana for to be exempt from taxes.
In the state of Oregon, marijuana possession laws at home versus possession laws while out in public are different. For example, individuals can possess larger quantities of marijuana products in the privacy of their home and smaller quantities while outside of their home. If you’re a recreational marijuana user at least 21 years old, you can possess the following product quantities while in public:
- Up to 1 ounce of marijuana flower
- Up to 1 ounce of marijuana concentrates or extracts
- Up to 16 ounces of marijuana products in solid form such as edibles
- Up to 72 ounces of marijuana products in liquid form such as tinctures
- Up to 10 cannabis seeds
- Up to 4 immature (non-flowering) marijuana plants per household
Recreational consumers can possess up to 8 ounces of marijuana flower in the privacy of their home, as opposed to being able to only possess up to 1 ounce while out in public.
Medical marijuana patients and designated caregivers may possess larger quantities of marijuana products and are limited to the following amounts:
- Up to 32 ounces of marijuana flower (per month)
- Up to 16 ounces of solid marijuana products like edibles
- Up to 72 ounces of liquid marijuana products like tinctures
- Up to 16 ounces of a cannabinoid concentrate (can be sold alone or contained in an inhalant delivery system)
- Up to 5 grams of a cannabinoid extract (sold alone or contained in an inhalant delivery system)
- Up to 50 marijuana seeds
- Up to 12 immature plants and up to 6 mature plants
Using Marijuana In Oregon
State legislators have been clear on the fact that the consumption of recreational marijuana in public places is illegal. Many Oregon businesses also follow the Indoor Clean Air Act meaning that both smoking and vaping are not allowed.
Recently, an initiative petition referred to as the “Legalization Justice Act of 2020” was submitted to Oregon’s Secretary of State. If this initiative is passed in 2020, the OLCC would regulate designated marijuana lounges. This would also allow existing marijuana dispensaries to add special marijuana consumption spaces and adjoining cafes if they choose to. The OLCC would be in charge of licensing and regulating these spaces
Areas In Oregon That DO NOT Allow Marijuana Consumption:
- Parks and recreation centers
- Shopping malls and plazas
Areas In Oregon That DO Allow Marijuana Consumption:
- A medical patient's and/or caregiver's private property
- Private property of a friend, neighbor, or relative
Smoking On Federal Lands
In Oregon, it’s strictly illegal to smoke marijuana on federal lands whether you’re a medical marijuana patient or recreational consumer. Marijuana is still categorized as a Schedule I illegal substance by the federal government. Therefore, the use of marijuana on U.S. federal lands such as national or state parks is against the law. If you want to explore Mount Hood or Crater Lake National Park in Oregon, we suggest smoking cannabis beforehand and assigning a designated driver to avoid any mishaps with the law.
Medical Marijuana In Oregon
In 1973, Oregon was the first U.S. state to decriminalize the possession of small quantities of marijuana. This led to marijuana possession being treated similar to a traffic offense rather than a more serious crime. Then in 1998, state voters approved of marijuana for medicinal purposes. This approval was groundbreaking and meant that individuals diagnosed with any of the state’s qualifying medical conditions could legally purchase various marijuana products in addition to growing their own cannabis.
How to Get a Medical Marijuana Card In Oregon
If you want to obtain an Oregon medical marijuana card, you must be diagnosed with a medical condition or disease on the state’s qualifying list. Then, you can choose to apply for a card online or through the mail. For convenience, many individuals choose the online route, which can be done by following these steps below:
2. After filling out your application, you can submit it via mail or online
- Address for mail-in applications: OHA/OMMP, P.O. Box 14450, Portland Oregon
3. Once your application has been submitted online, you can print out a 30-day receipt
- This 30-day receipt has the same legal standing as a registry ID card for 30 days
4. Before submitting your application, all of these documents must be included:
- Completed OMMP Application form
- Attending physician’s statement form and signature, which should be obtained from a licensed physician; this form must be signed by a doctor within 90 days of your medical marijuana application date
- Copies of identification such as valid photo ID or driver’s license
- A basic application fee of $200 must be paid, but there are a few reduced fee options that some patients may qualify for
- If an individual is a minor and they want to apply for a medical marijuana card, another form must be filled out
- If a veteran is applying for a medical marijuana card, some of these steps may differ
Out-of-State Medical Marijuana Cards
At this time, Oregon doesn’t have a reciprocity program set up to accommodate out-of-state medical marijuana patients. Therefore, individuals who are medical cardholders in other states cannot use their cards to gain medical marijuana discounts in Oregon. Fortunately, since recreational marijuana is legal in Oregon, out-of-state medical marijuana patients who are at least 21 years old can buy marijuana at various dispensaries.
How to Transport Marijuana In Oregon
Transporting Marijuana In Oregon
In Oregon, medical marijuana patients, caregivers and recreational consumers at least 21 years old can legally transport marijuana products from a dispensary to their home. However, all marijuana products must be stored in a sealed container and kept in the trunk of the vehicle. If a vehicle doesn’t have a trunk though, marijuana products must be placed in another spot where the driver cannot access them from the inside of the vehicle. Also, it’s strictly illegal for any marijuana products to be opened while driving.
Driving While Under the Influence of Marijuana
In Oregon and the rest of the United States, driving while under the influence of drugs is illegal and this includes marijuana. Since marijuana remains a Schedule I illegal substance in the U.S., law enforcement officers take driving under the influence of marijuana very seriously. It’s strictly illegal to drive while high from marijuana and if you’re caught, steep fines and jail time are both possible consequences. In the future, do yourself a favor and opt for a drive sharing method while under the influence of marijuana.
Driving Across State Lines With Marijuana
Just like driving while under the influence of marijuana is illegal, so is driving across state lines with marijuana. Even though Oregon’s neighbors are California and Washington in which recreational marijuana is legal, it’s against the law to bring marijuana products with you across state lines. Crossing states puts you into federal jurisdiction and as marijuana is still a crime federally, you cannot transport marijuana into another state. If you’re caught doing this, consequences range from paying hefty fines to getting arrested and possibly facing serious jail time.
Growing Marijuana In Oregon
In Oregon, medical marijuana patients can grow their own marijuana but certain guidelines must be followed. Below are the limits for medical marijuana patients and caregivers in regards to at-home marijuana cultivation:
- A maximum of 6 mature plants and 12 immature plants (with certain height requirements) may be grown for a registered medical marijuana patient
- All marijuana plants must be grown within registered grow sites otherwise known as PRMG--Person Responsible for a Medical Grow Site
- Marijuana plants that are grown at a patients’ home (grow site) must have a maximum of 12 mature plants and 24 immature plants regardless of the plants’ height and zoning guidelines
- A medical patient cannot grow more than 6 mature plants and 12 immature plants at a time
- The way your grow site is zoned (whether it’s residential or outside of the city’s limits) dictates the plant limits at the grow site’s address
- Individuals cannot cultivate marijuana until they receive a state grower card and grow site registration card
Recreational marijuana consumers can grow their own marijuana plants as well but can only grow 4 plants per household. Marijuana plants must be kept out of the public view, and this applies to medical marijuana patients and caregivers too.