Benton County Cannabis – Is It Legal & Where To Buy 2024

Is Cannabis Cultivation Legal in Benton County?

Cannabis cultivation in Benton County for medical and recreational use is legal. Oregon Revised Statues (ORS) Chapter 475C establishes the legalization of both medical and recreational cannabis. The State of Oregon allows counties and cities to ban medical or recreational cannabis facilities by ordinance but Benton County has not done so. Medical and recreational cannabis in the State of Oregon is regulated by the Oregon Liquor and Cannabis Commission (OLCC).

ORS Chapter 475C defines adult-use cannabis as having more than 0.3 percent of delta-9 tetrahydrocannabinol (THC). It defines medical cannabis similarly but administered only to patients registered with the Oregon Medical Marijuana Program (OMMP).

OMMP-registered patients are allowed to grow medical cannabis at home or have a registered OMPP grower cultivate medical cannabis plants for them at the registered grower’s home or a registered growing site, both indoors and outdoors. The growing limits are a maximum of six mature plants per patient, or a maximum of twelve mature plants if grown jointly with a caregiver. A registered grower may grow medical cannabis plants for a maximum of eight patients. However, if the growing site was registered earlier than January 1, 2015, and is either located outside a city or in a non-residential zone within a city, it is considered a grandfathered growing site and may have a maximum of 96 mature medical cannabis plants, 192 immature medical cannabis plants with a height of 24 inches or more, and 576 immature medical cannabis plants less than 24 inches tall.

In Benton County, medical cannabis may only be cultivated in registered growing sites located in zones for farm use. These registered growing sites may not process medical cannabis into medical cannabis products. OMPP-registered patients and caregivers are allowed to purchase medical cannabis directly from such growing sites in addition to licensed medical cannabis dispensaries.

ORS Chapter 475C allows individuals who are 21 years old and above to grow up to four plants of recreational cannabis for personal use at home, provided the cannabis cultivation is not visible to the public. A household may have only four plants even if more than one qualified adult lives there.

To cultivate recreational cannabis in Benton County, a cannabis producer license must be applied for with the OLCC up to March 31, 2024. The applicant must use the OLCC’s online Recreational Marijuana Licensing System. ORS Chapter 475C states that licensed producers are authorized to cultivate and harvest recreational cannabis, as well as manufacture recreational cannabis products. Recreational cannabis cultivation is allowed both indoors and outdoors.

In Benton County, licensed recreational cannabis cultivation is allowed only in the following zones:

• Exclusive Farm Use & Multi-Purpose Agriculture

• Forest Conservation

• Urban Industrial

• Rural Industrial

• Agricultural Industrial

• Special Use - Airport Industrial Park

Is Cannabis Manufacturing Legal in Benton County?

Cannabis product manufacturing in Benton County for medical and recreational use is legal under the State of Oregon’s ORS Chapter 475C.

To manufacture medical cannabis in Benton County, registration with the OMPP as a medical marijuana processor is required. There were no medical cannabis processors registered with the OMPP as of December 23, 2019

To manufacture recreational cannabis in Benton County, a cannabis producer license or a cannabis processor license must be applied for through the OLCC Recreational Marijuana Licensing System up to March 31, 2024. ORS Chapter 475C states that the cannabis producer license includes the packaging and labeling of manufactured recreational cannabis products according to the OLCC’s packaging and labeling rules. The cannabis processor license, on the other hand, does not authorize packaging and labeling.

In Benton County, licensed recreational cannabis manufacturing is only allowed in the following zones:

• Exclusive Farm Use & Multi-Purpose Agriculture

• Urban Industrial

• Rural Industrial

• Agricultural Industrial

• Special Use - Airport Industrial Park

Is Cannabis Retail Legal in Benton County?

Cannabis retail in Benton County or medical and recreational use is legal as stipulated by ORS Chapter 475C of the State of Oregon. Medical cannabis can only be sold to medical cannabis cardholders. Recreational cannabis can only be sold to individuals who can show a government-issued valid ID proving that they are at least 21 years old.

To sell medical cannabis by retail in Benton County, registration as a medical marijuana dispensary with the OMPP is required. There must be at least 1,000 feet between a registered medical cannabis dispensary and a school or another cannabis dispensary. A licensed medical cannabis dispensary may sell medical cannabis and medical cannabis products such as extracts, concentrates, edible goods, and topicals. As of May 2023, there is no licensed medical cannabis dispensary in Benton County.

To sell both recreational and medical cannabis by retail in Benton County, a cannabis retailer license must be applied for on the online OLCC Recreational Marijuana Licensing System up to March 31, 2024. There are 19 licensed cannabis retailers in Benton County as of May 2, 2023.

A licensed cannabis retailer may sell recreational and medical cannabis and cannabis products like concentrates, extracts, topical applications, and edibles. According to the OLCC Recreational Marijuana Rules, a licensed cannabis retailer may sell to a medical cannabis cardholder a daily limit of eight ounces of cannabis and a monthly limit of 32 ounces of cannabis. The total of the following constitutes the purchase limit per day for consumers who are at least 21 years old:

• 2 ounces of cannabis

• 16 ounces of solid cannabis products

• 72 ounces of liquid cannabis products

• 5 grams of cannabis concentrates or extracts

• 5 grams of cannabis products to be inhaled

• 10 cannabis seeds

• 4 immature cannabis plants

Licensed recreational cannabis retail is only allowed in the following zones in Benton County:

• Urban Commercial

• Rural Commercial

• Rural Industrial

Is Cannabis Delivery Legal in Benton County?

The delivery of both medical and recreational cannabis in Benton County is legal under the State of Oregon’s ORS Chapter 475C. Licensed cannabis retailers may deliver to medical cannabis cardholders the medical cannabis and medical cannabis products they purchased, and to individuals who are at least 21 years old the recreational cannabis and recreational cannabis products they purchased. The delivery must be to a location within the county or city that the licensed retailer is in.

For a county or city to allow the delivery of medical or recreational cannabis from a licensed retailer located in an adjacent county or city, an ordinance has to be enacted. As of May 10, 2022, neither Benton County nor any other county or city in the state has enacted such an ordinance.

How to Get a Medical Marijuana Card in Benton County

Residents of Benton County may apply for a medical cannabis card from the OMPP by first getting a signed Attending Provider’s Statement (APS) certifying a diagnosis of one of the following:

• Post-traumatic stress disorder (PTSD)

• Cancer

• A neurological condition that is pervasive or degenerative

• HIV/AIDS

• Glaucoma

• Any illness or treatment resulting in any of the following:

  • Persistent muscle spasms

  • Cachexia

  • Severe nausea

  • Seizures

  • Severe pain

An attending provider is one of the following who has been providing primary medical care to the applying patient:

• A state-licensed doctor of medicine

• A state-licensed doctor of osteopathy

• A state-licensed doctor of naturopathy

• A state-licensed nurse practitioner

• A state-licensed clinical nurse specialist

• A state-licensed certified registered nurse anesthetist

Not more than 90 days after getting the APS, the patient must complete the application online or the forms may be printed, completed, and sent by mail with the requirements to:

Oregon Medical Marijuana Program (OMMP)

PO Box 14450

Portland, OR 97293-0450

For both online and postal applications, the applicant must submit the following:

• The APS

• The completed OMMP Application Form

• A valid current photo ID proving residency in the State of Oregon

• The completed Grow Site Consent Form if the patient or the patient’s designated grower does not own the property

• The completed Minor Declaration Form for patients below 18 years old who must be registered by a custodial parent or legal guardian

• The applicable fees (to be sent as a money order or check made out to the OHA/OMMP for postal applications)

The following patient application fees apply:

• $200 for a patient who is not naming a separate grower

• Reduced to $60 for a patient who is a beneficiary of the Supplemental Nutrition Assistance Program (SNAP) and is not naming a separate grower

• Reduced to $50 for a patient who is a beneficiary of the Oregon Health Plan (OHP) and is not naming a separate grower

• Reduced to $20 for a patient who is a beneficiary of the Supplemental Security Income (SSI) and is not naming a separate grower

• Reduced to $20 for a patient who is a veteran of the U.S. Armed Forces and is not naming a separate grower

• Waived for a patient who is an honorably discharged veteran of the U.S. Armed Forces with at least 50% total disability and is not naming a separate grower

Online applicants will be able to print a 30-day receipt upon submission of the complete application. This may be used in place of the medical cannabis card until the actual card is received but it carries a purchasing cap of 24 ounces of medical cannabis. Holders of the 30-day receipt and the medical cannabis card are exempt from paying taxes on their medical cannabis purchases from licensed retailers.

The OMMP may also be contacted for further information through the following:

Phone: 971-673-1234 12 pm to 4 pm, Monday to Friday

Email: ommp.info@odhsoha.oregon.gov

How Has Cannabis Legalization Impacted the Economy of Benton County?

The State of Oregon’s ORS Chapter 475C imposes a recreational cannabis state retail tax charged to the qualified adult consumer at 17% of the selling price of any cannabis item or cannabis product purchased. Medical cannabis cardholders are not charged the state retail tax.

Counties and cities are not allowed to tax licensed cannabis cultivation, processing, or manufacturing within their territories. They may, however, impose by ordinance a local recreational cannabis retail tax also charged to the qualified adult consumer at a maximum of 3% of the selling price of any cannabis item or cannabis product purchased. Again, this may not be charged to medical cannabis cardholders. Benton County does not impose a local retail tax on recreational cannabis.

According to data from the OLCC, total sales of medical and recreational cannabis by licensed retailers statewide from October 2016 to April 2023 was $5.58 billion.

The Effects of Cannabis Legalization on Crime Rates in Benton County

Medical cannabis was legalized in Benton County in 2013, and recreational cannabis was legalized in 2015.

Data submitted by the Benton County Sheriff's Office to the FBI’s Crime Explorer page shows that in 2012, the year prior to medical cannabis legalization, there were 117 marijuana offense arrests, comprised of 102 arrests for possession and 15 arrests for sales or manufacturing.

In 2014, which was the year after the legalization of medical cannabis, there were 72 marijuana offense arrests, comprised of 61 arrests for possession and 11 arrests for sales or manufacturing.

In 2016, the year after the legalization of adult-use cannabis, there were 20 marijuana offense arrests, comprised of 19 arrests for possession and one arrest for sales or manufacturing.

In 2021, which is the latest available data, there were 12 marijuana offense arrests, all for possession.

The number of DUI arrests was as follows in those years:

• 2012: 173 arrests

• 2014: 135 arrests

• 2016: 129 arrests

• 2021: 81 arrests