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