Oregon Marijuana Penalties

Updated on May 1, 2020.  Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer

Oregon Medical Marijuana Penalties

Federal law classifies marijuana as a Schedule I drug, but the state of Oregon has different drug scheduling. They consider cannabis a Schedule II drug, reducing the penalties for marijuana-related offenses. However, even violations and misdemeanors can involve fines and jail time. Learn the differences among cannabis-related crimes in Oregon.

Possession and Use

Any adult over 21 may own up to one ounce of marijuana in public and up to eight ounces at home. Possession above the legal limit always counts as a violation or misdemeanor instead of a felony. Penalties for possession in Oregon include:

  • Public Possession: There is no incarceration for one to two ounces and a $650 fine. Possessing over two ounces in public receives a punishment of six months incarceration and $2500 in fines. Possession of more than four ounces involves a maximum penalty of one-year incarceration and a $6250 fine.
  • Home Possession: Owning between one to two pounds of cannabis at home has a penalty of six months incarceration and $2500 in fines. Over two pounds increases the punishment to one-year incarceration and a $6250 fine.

Patients registered with the Oregon Medical Marijuana Program (OMMP) may possess up to 24 ounces of usable marijuana. The law does not seem to specify a difference between public and home possession for program members.

Regardless of patient status, nobody can legally use cannabis in public. Offenders can receive up to $1000 in fines.

Cultivation, Manufacture and Distribution

Under Oregon marijuana growing laws, everyone over 21 has the right to grow up to four marijuana plants at home. Beyond four homegrown plants, the offender receives the following punishments:

  • Growing between four and eight plants counts as a misdemeanor punishable with six months incarceration and a $2500 fine.
  • Raising more than eight plants or any number outside the home gets a felony charge involving five years incarceration and a $125,000 fine.
  • Cultivation outside the home within 1000 feet of a school receives a felony punishment of up to 20 years incarceration and $375,000 in fines.

These cultivation laws do not apply to licensed facilities. Registered patients may raise up to six mature plants and 18 seedlings at a time without punishment.

Individuals without a commercial license may give another legal adult under one ounce of cannabis if they don’t ask for compensation. Larger amounts and requesting compensation count as anywhere between a violation and a felony. Manufacturing cannabis products outside the home without a license always counts as a felony.

Driving Under the Influence

Registered patients and recreational users receive the same punishments for driving while intoxicated. Oregon law does not establish a limit for THC levels. An offender’s state of intoxication is left up to an officer’s judgment. A person’s first three DUI offenses count as misdemeanors that require jail time and fines. If someone commits a fourth offense within 10 years, they will receive a felony punishment.

Know Your Rights

Read our guide to Oregon medical marijuana laws to learn your rights as a patient. Do you suspect that you received an unfair punishment? Contact a member of NORML’s legal committee to find a lawyer in your area

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