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OR Marijuana Laws

November 03, 1998, Ballot Measure 67 was approved, legally removing all 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.

January 01, 2006, Senate Bill 1085, effectively amended “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.

July 21, 1999, House Bill 3052, authorized patients, or appointed caregivers, cultivating medical cannabis, to do so, only, in one location. As per HB 3052, patients must be diagnosed with a qualifying medical condition for at least 12 months prior to being arrested, in order to be allowed to use an “affirmative defense.” HB 3052 also contains instructions to add the agitation of Alzheimer’s disease to the list of qualifying medical conditions.

In August 2001, a modification to the law requires that patients establish a bonafide 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.

Oregon Medical Marijuana Law

“Oregon Medical Marijuana Act” — DIVISION 8 MEDICAL MARIJUANA

The Oregon Medical Marijuana Act (Act) was adopted by voters in the November 3, 1998 general election (Ballot Measure 67). The Act was amended during the 1999 legislative session (Oregon Laws 1999, chapter 825), during the 2005 legislative session (Oregon Laws 2005, chapter 822), and amended again during the 2007 legislative session (Oregon Laws 2007, Chapter 573). The statutes governing the Oregon Medical Marijuana Program (OMMP) are ORS 475.300 through 475.346. The Department of Human Services was assigned rulemaking authority necessary for the implementation and administration of the Oregon Medical Marijuana Act. The Act intends:(1) To allow Oregonians with debilitating medical conditions who may benefit from the medical use of marijuana to receive the benefit of their doctor’s professional advice regarding the possible risks and benefits of medical marijuana;(2) To allow Oregonians suffering from debilitating medical conditions to use small amounts of marijuana without fear of civil or criminal penalties when their doctors advise that such use may provide a medical benefit to them; and(3) To make only those changes to existing Oregon laws that are necessary to protect patients and their doctors from criminal and civil penalties, and are not intended to change current civil and criminal laws governing the use of marijuana for non-medical purposes.

(5) “Delivery” means the actual, constructive or attempted transfer, other than by administering or dispensing, from one person to another of a controlled substance, whether or not there is an agency relationship, but does not include transfer of marijuana from one patient to another patient if no consideration is paid for the transfer.(6) “Department” means the Department of Human Services.(7) “Designated primary caregiver” means an individual 18 years of age or older who has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition and who is designated as such on that person’s application for a registry identification card or in other written notification to the Department. “Designated primary caregiver” does not include the person’s attending physician.(8) “Grow site registration card” means the card issued to the patient and displayed at the grow site. (9) “Grower” has the same meaning as “person responsible for a marijuana grow site”. (10) “Immature plant” has the same meaning as “seedling or start”.(11) “Marijuana” means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.

(13) “Medical use of marijuana” means the production, possession, delivery, or administration of marijuana, or paraphernalia used to administer marijuana, as necessary for the exclusive benefit of a person to mitigate the symptoms or effects of his or her debilitating medical condition. (14) “Oregon Health Plan (OHP)” means the medical assistance program administered by the Department under ORS chapter 414. (15) “OMMP identity card” means a wallet-sized card issued by the Department in addition to the registry identification card that designates a person as a patient, primary caregiver, or grower. (16) “Parent or legal guardian” means the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age. (17) “Patient” has the same meaning as “registry identification cardholder.” (18) “Person responsible for a marijuana grow site” means a person who has been selected by a patient to produce medical marijuana for the patient, and who has been registered by the Department for this purpose. (19) “Primary responsibility” as that term is used in relation to an attending physician means that the physician: (a) Provides primary health care to the patient; or (b) Provides medical specialty care and treatment to the patient as recognized by the American Board of Medical Specialties; or (c) Is a consultant who has been asked to examine and treat the patient by the patient’s primary care physician licensed under ORS Chapter 677, the patient’s Physician Assistant licensed under ORS Chapter 677, or the patient’s Nurse Practitioner licensed under ORS Chapter 678; and, (d) Has reviewed a patient’s medical records at the patient’s request and has conducted a thorough physical examination of the patient, has provided or planned follow- up care, and has documented these activities in the patient’s medical record. (20) “Production” includes the manufacture, planting, cultivation, growing or harvesting of a controlled substance. (21) “Registry identification card” means a document issued by the Department that identifies a person authorized to engage in the medical use of marijuana, and the person’s designated primary caregiver, if any. (22) “Registry identification cardholder” means a person who has been diagnosed by an attending physician with a debilitating medical condition and for whom the use of medical marijuana may mitigate the symptoms or effects of the person’s debilitating medical condition, and who has been issued a patient registry identification card by the Department. (23) “Seedling or start” means a marijuana plant that has no flowers, is less than 12 inches in height, and less than 12 inches in diameter. A seedling or start that does not meet all three criteria will be considered a mature plant. (24) “Supplemental Security Income (SSI)” means the monthly benefit assistance program administered by the federal government for persons who are age 65 or older, or blind, or disabled and who have limited income and financial resources. (25) “Usable marijuana” means the dried leaves and flowers of the plant Cannabis family Moraceae, and any mixture or preparation thereof, that are appropriate for medical use. “Usable marijuana” does not include the seeds, stalks and roots of the plant. (26) “Written documentation” means a statement signed and dated by the attending physician of a person diagnosed with a debilitating medical condition or copies of the person’s relevant medical records, maintained in accordance with standard medical record practices.

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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