Oregon Marijuana Laws

When it comes to legal marijuana use, the state of Oregon has long been at the forefront. Medical marijuana and adult-use recreational marijuana are legal in Oregon. The state's progressive approach to marijuana (also known as cannabis) 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.

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.

Oregon Marijuana Laws: What You Need To Know

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, 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.

As of October 2024, the federal government still classifies marijuana as a Schedule I drug in the Controlled Substances Act (CSA). 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, be wary of committing a federal offense.

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).

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.

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.

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.

Medical marijuana patients in the OMMP can possess a larger amount 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.

Oregon business owners can enforce the Drug-Free Workplace Act of 1988. This means they can test an employee who has an accident at work if they appear impaired.

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.

Adults 21 and older who are not in the medical program can cultivate and process up 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.

In November 2022, Gov. Kate Brown pardoned more than 47,000 convictions for marijuana possession. These were state-level small-amount possession charges before 2015. Oregon doesn't expunge convictions, instead "setting them aside."

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.

Oregon Medical Marijuana Laws

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:

• Post-traumatic stress disorder (PTSD)
• Glaucoma
• A degenerative or pervasive neurological condition
• HIV/AIDS
• Cancer
• A medical condition or treatment for a medical condition that produces Cachexia (a weight-loss disease that can be caused by HIV or cancer), severe nausea, severe pain, seizures (including but not limited to seizures caused by epilepsy), persistent muscle spasms such as multiple sclerosis (MS)

If you don't see your ailment here, speak to your attending provider or contact the OMMP.

Once you have that, open an account through the Oregon Medical Marijuana Online system. There are also forms available for registering through the mail.

Your application will get reviewed once you've provided the necessary information and documentation. If approved, you'll get a 30-day receipt that you can use at recreational and medical marijuana dispensaries until your medical marijuana card arrives in about a month.

The fee for a new medical marijuana card or an annual renewal is $200. There are reduced fees for:

• Supplemental Security Income (SSI) patients' fee — $20
• Veterans fee — $20
• Disabled veterans with 50% disability rating injured while serving — $0
• Oregon Health Plan (OHP — Medicaid) patients' fee — $50
• Supplemental Nutrition Assistance Program (SNAP) patients fee — $60

OMMP patients can purchase and possess a great deal more of cannabis than recreational users can. Their one-day purchase limits include:

• 24 ounces of usable cannabis
• 16 ounces of cannabinoid concentrate
• 72 ounces of CBD (cannabinoid) products in liquid form (beverages)
• 16 ounces of CBD (cannabinoid) products in solid form (edibles)
• 5 grams of a CBD (cannabinoid extract)
• 50 cannabis seeds
• 4 immature marijuana plants

OMMP patients and caregivers can have up to six cannabis plants and 12 immature marijuana plants at their residences. If there is a combination of at least two OMMP patients and/or caretakers at the same house, the limit rises to 12 mature cannabis plants and 24 immature marijuana plants.

OMMP cardholders have access to marijuana products with higher THC (tetrahydrocannabinol) counts than what's available for recreational users. These increased caps include:

• Edibles — 100 milligrams of THC per package
• Topicals — 6% THC
• Tinctures, capsules, mixed extract/concentrates, and suppositories — 4 grams of THC per package

While there may be up to 20% in retail tax (17% state; 3% local) on recreational marijuana purchases, OMMP members are exempt from the tax when buying medical cannabis.

The OMMP does not recognize reciprocity with other states. While out-of-state patients can't buy medical marijuana in Oregon, they can buy recreational cannabis as a recreational user but must pay the retail tax.

Oregon Adult-Use Marijuana Laws

Ballot Measure 91 was passed by Oregon voters in the 2014 general election, legalizing recreational marijuana in the state and allowing the creation of the cannabis market. Since that time, the Oregon Liquor and Cannabis Commission has approved rule changes and modifications on the legal limit that qualified adults can possess. The current regulations permit a qualified adult who is 21 or older to purchase and possess:

• 2 ounces of cannabis flower on their person
• 8 ounces of cannabis flower at their residence
• Four marijuana plants at their residence
• 10 seeds
• 72 ounces of CBD (cannabinoid) products in liquid form (beverages)
• 16 ounces of CBD (cannabinoid) products in solid form (edibles)
• 10 grams of cannabis concentrates/extracts

THC limits for recreational marijuana are lower than those for medical marijuana. The caps include:

• Edibles — 50 milligrams of THC per package
• Topicals — 6% THC
• Tinctures, capsules, mixed extract/concentrates, and suppositories — 1 gram of THC per package

All purchases must be made in Oregon-licensed dispensaries. Recreational-use purchases from a marijuana retailer are subject to a 17% cannabis tax and a 3% local tax.

Oregon Marijuana Laws and Regulations

Jurisdictions that have legalized marijuana still have legal limits. Penalties for illegal possession, distribution, and cultivation can be severe in Oregon. The table below recaps what you've learned above and adds the punishments violators of Oregon marijuana laws face.

Oregon also has detailed regulations for each segment of the cannabis market. Chapter 475C of the Oregon Revised Statutes covers licensing for marijuana producers, retailers, wholesalers, and processors. In recent years, the state has also passed new regulations related to industrial hemp products. The Oregon Department of Agriculture oversees regulations related to hemp.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an Oregon drug law attorney or conduct independent legal research to verify the status of any Oregon state laws you are reviewing.

Oregon Marijuana Laws: Related Resources

• Medical Marijuana Laws by State
• Find a Dispensary Near You
• Oregon Law
• Drug Possession Overview
• Marijuana Legalization and Decriminalization Overview
• Cannabis Law Section

Questions About Oregon Marijuana Laws? Speak With an Attorney

Marijuana use may be legal in Oregon, but that doesn't mean there aren't laws in place to punish offenders. The severity of the penalties can be life-altering and ruinous. If you or a loved one is facing criminal charges under Oregon's marijuana laws, speak with an experienced criminal law attorney to protect your rights. They can give you legal advice and represent you if need be.