{"id":375893,"date":"2016-03-31T21:36:26","date_gmt":"2016-04-01T02:36:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-marijuana-laws.html"},"modified":"2024-10-18T10:51:31","modified_gmt":"2024-10-18T15:51:31","slug":"oregon-marijuana-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-marijuana-laws.html","title":{"rendered":"Oregon Marijuana Laws"},"content":{"rendered":"\n
\n \n
\n

Oregon Marijuana Laws<\/h1>\n
\n
\n By Kit Yona, M.A.<\/a> | Legally reviewed by John Mascolo, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When it comes to legal marijuana use, the state of Oregon has long been at the forefront. Medical marijuana<\/a> and adult-use recreational marijuana<\/a> are legal in Oregon. The state’s progressive approach to marijuana (also known as cannabis<\/a>) goes back to 1973 when the state decriminalized possession of small amounts of the drug. The state continues to have user-friendly regulations for marijuana use.<\/p>\r\n

Permissive doesn’t mean anything goes, so it’s important to understand Oregon marijuana laws. In this article, we’ll explain the limits you need to follow to avoid issues with law enforcement. This article will examine the differences between the Oregon Medical Marijuana Program (OMMP) and adult-use cannabis, as well as how many marijuana plants you can cultivate at your home.<\/p>\r\n

Oregon Marijuana Laws: What You Need To Know<\/h2>\r\n

Oregon passed a ballot initiative approving medical marijuana in 1998. By 2010, the Oregon Board of Pharmacy changed marijuana’s classification to a Schedule II drug<\/a>, recognizing its medical use. This paved the way for the subsequent voter approval and legalization of marijuana for recreational adult use in 2014. However, not all the land in Oregon belongs to the state.<\/p>\r\n

As of October 2024, the federal government still classifies marijuana as a Schedule I drug<\/a> in the Controlled Substances Act (CSA)<\/a>. This means you’ll face severe penalties under federal law that prohibits the use or possession of marijuana on federal lands in Oregon, such as national parks, federal courtrooms, and military bases. While reclassification seems imminent<\/a>, be wary of committing a federal offense.<\/p>\r\n

As per the Oregon Medical Marijuana Act (OMMA), the Oregon Health Authority (OHA) oversees the medical marijuana program. In 2017, control over the recreational marijuana program switched to the Oregon Liquor and Cannabis Commission (OLCC)<\/a>.<\/p>\r\n

In Oregon, it’s legal for recreational users (21 and older) to possess up to 2 ounces of usable marijuana in public. This compares to neighboring Washington state, where the limit remains 1 ounce in public. Under Oregon law, having between 2 and 4 ounces on your person in public is a civil violation. It carries a fine of up to $1,000 but no jail time.<\/p>\r\n

It is illegal to use any amount of cannabis and cannabis products in public places in Oregon. You also can’t take Oregon cannabis over state lines. As a result, legal users are encouraged to use marijuana on private property. This may be their own property or someone else’s property when they have the owner’s consent.<\/p>\r\n

Operating a motor vehicle under the influence of marijuana earns the same penalty as an alcohol-fueled DUI. Providing marijuana to minors outside of the medical program is also illegal.<\/p>\r\n

Medical marijuana patients in the OMMP can possess a larger amount<\/a> of marijuana than those buying it for personal use. For example, OMMP patients can purchase and possess 24 ounces of cannabis flower at a time, in addition to other cannabinoid products.<\/p>\r\n

Oregon business owners can enforce the Drug-Free Workplace Act of 1988<\/a>. This means they can test an employee who has an accident at work if they appear impaired.<\/p>\r\n

All purchases of cannabis and cannabis products must take place in a dispensary that is a licensed retailer. Any other sale of marijuana can get charged as a felony. Marijuana retailers must not operate within 1,000 feet of a school, with limited exceptions.<\/p>\r\n

Adults 21 and older who are not in the medical program can cultivate and process up<\/a> to four marijuana plants at their homes. OMMP patients and caregivers can cultivate up to six mature cannabis plants and 12 immature marijuana plants. In all cases, growers must make sure the plants are out of public view.<\/p>\r\n

In November 2022, Gov. Kate Brown pardoned more than 47,000 convictions<\/a> for marijuana possession. These were state-level small-amount possession charges before 2015. Oregon doesn’t expunge convictions, instead "setting them aside<\/a>."<\/p>\r\n

With a better understanding of Oregon’s marijuana laws in place, let’s move on to the two types of cannabis available: medical marijuana and recreational use.<\/p>\r\n

Oregon Medical Marijuana Laws<\/h3>\r\n

The first step for qualified patients to become part of the OMMP is to get a medical marijuana certification from their primary care Oregon physician. To qualify, you must suffer from one or more of the following qualifying medical conditions<\/a>:<\/p>\r\n