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OR Marijuana Laws

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

The Oregon Medical Marijuana Program (OMMP) has issued temporary rules in an effort to reduce the hardships and burdens that patients and cardholders may be experiencing when applying to the OMMP during the COVID-19 pandemic. Temporary rules were effective on April 17, 2020.

There are no state-level criminal penalties on the use, possession and cultivation of marijuana by patients with a signed recommendation from their physician stating that marijuana “may mitigate” his or her debilitating symptoms.

An Oregon medical marijuana patient (and their caregiver, if applicable) may possess up to 6 mature plants, which must be grown at a registered grow site address, and up to 24 ounces of usable marijuana.

This is different from the possession limits for recreational marijuana. Limits for recreational marijuana can be found at WhatsLegalOregon.com.

There is a limit on how much marijuana an OMMP patient or caregiver can possess or purchase from a dispensary. A patient or caregiver may only possess:

  • 24 ounces of usable marijuana;
  • 16 ounces of a medical cannabinoid product in solid form;
  • 72 ounces of a medical cannabinoid product in liquid form;
  • 16 ounces of a cannabinoid concentrate whether sold alone or contained in an inhalant delivery system;
  • Five grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system;
  • Four immature marijuana plants; and
  • 50 seeds.

“The Oregon Medical Marijuana Act”, such that state-qualified patients who possess amounts of cannabis exceeding the new state guidelines, will no longer retain the ability to argue an “affirmative defense” of medical necessity, in case of a trial. However, patients in possession of medical cannabis in amounts compliant with state law, retain the ability to use an “affirmative defense.” In addition, the amendment redefines “mature plants” to specifically include only those cannabis plants, that are more than 12 inches in height and diameter. And, established a state patient registry for those authorized to cultivate cannabis for qualified patients.

In August 2001, a modification to state law requires that patients establish a bona fide physician relationship — “a physician who has established a physician/patient relationship with the patient … is primarily responsible for the care and treatment of the patients … has reviewed a patient’s medical records at the patient’s request, has conducted a thorough physical examination of the patient, has provided a treatment plan and/or follow-up care, and has documented these activities in a patient file.”

June 06, 2013, Governor John Kitzhaber, officially added post-traumatic stress disorder (PTSD) to the list of approved qualifying medical marijuana conditions.

August 14, 2013, HB 3460, created a state dispensary program, by allowing for the state licensing and regulation of medical marijuana facilities.

March 19, 2014, Senate Bill 1531, allows local governments to restrict the operation of medical marijuana dispensaries, in addition to the moratoriums through May 01, 2015.

April 18, 2014,15 dispensary locations were approved by the Oregon Medical Marijuana Dispensary Program.  July 01, 2015, HB 3400, requires that patients be state residents, in order to qualify for the program.
The Oregon Revised Statutes ORS 475.300 — ORS 475.346, limits registry I.D. cardholders and designated primary caregivers of cardholders, from possessing no more than six mature marijuana plants, 24 ounces of usable marijuana, and a combined total of up to eighteen marijuana seedlings.

READ MORE — Oregon Medicinal Marijuana Program [FULL TEXT] 

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Offense

Penalty

Incarceration

Max. Fine

Possession

Less than 1 oz.

Misdemeanor

N/A

$1,000

Less than 1 oz. within 1,000 feet of school grounds.

Misdemeanor

30 days

$1,250

1 oz. or more

Felony

10 years

$375,000

Possession of 150 g. or more is punished more severely.

Sale or Distribution

Less than 5 g. without compensation

Not Classified

N/A

$1,000

Less than 5 g.

Misdemeanor

30 days

$1,250

5 g. to 1 oz. without compensation

Misdemeanor

1 year

$6,250

1 oz. or more without compensation

Felony

5 years

$125,000

5 g. or more

Felony

10 years

$250,000

To a minor or within 1000 feet of school grounds.

Felony

20 years

$365,000

Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Any amount

Felony

20 years

$375,000

Cultivation of 150 g. or more, or within 1,000 feet of school grounds is punished more severely.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Civil Asset Forfeiture

Vehicles and other property may be seized.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver

Civil Penalty

N/A

$ 10,00

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