Licensed cultivation of medical and adult-use cannabis with more than 0.3% delta-9 tetrahydrocannabinol (THC) content in Douglas County is legal in accordance with Chapter 475C of the State of Oregon Revised Statutes (ORS). The medical and adult-use cannabis industries are governed and licensed statewide by the Oregon Liquor and Cannabis Commission (OLCC).
ORS Chapter 475C allows counties and municipalities to prohibit medical and adult-use cannabis enterprises by ordinance. Among the 12 cities of Douglas County, two opted out of adult-use cannabis businesses of all kinds. These are the cities of Canyonville and Sutherlin.
Up to March 31, 2024, a cannabis producer license may be applied for with the OLCC by an adult-use cannabis cultivation company using the online Recreational Marijuana Licensing System. According to ORS Chapter 475C, licensed cannabis producers are entitled to cultivate adult-use cannabis crops and manufacture adult-use cannabis products. Commercial adult-use cannabis cultivation may be done indoors and outdoors.
Patients aged 21 and above who are registered under the Oregon Medical Marijuana Program (OMMP) of the Oregon Health Authority and hold a medical cannabis card may cultivate medical cannabis for personal use or have a caregiver grow the medical cannabis for them. The cultivation may be done indoors or outdoors in the patient’s or caregiver’s residence or a separate registered growing site.
With the assistance of a caregiver, every patient is allowed to grow a maximum of 12 immature and six mature medical cannabis plants. However, the most medical cannabis plants that can be grown in one home or site by more than two certified patients are 12 mature and 24 immature plants.
A caregiver needs an OMMP grower card to be allowed to cultivate medical cannabis for a maximum of eight patients. The cap is at 192 immature and 96 mature medical cannabis plants but depends on municipal zoning regulations.
A growing site requires a registration fee of $200. However, there is no fee for growers cultivating only for themselves in their primary residence. They are then not allowed to sell to licensed medical cannabis processors or dispensaries any surplus they may have.
Adult-use cannabis may also be grown at home by people aged 21 and older for their own use only, according to ORS Chapter 475C. They have a cap of four plants per household, no matter how many age-qualified adults live under the same roof. The home cultivation area must be hidden from the public.
Licensed manufacturing of medical and adult-use cannabis products with more than 0.3% delta-9 THC content in Douglas County is legal as mandated by ORS Chapter 475C of the State of Oregon.
Also, until March 31, 2024, a medical marijuana processor license may be applied for with the OLCC through the Recreational Marijuana Licensing System to commercially manufacture medical and adult-use cannabis products. The cannabis producer licensee holders are also authorized to do so, as discussed previously.
The cannabis producer license holder, according to ORS Chapter 475C, is authorized for the packaging and labeling of the adult-use cannabis products manufactured, in accordance with the OLCC's packaging and labeling regulations. On the other hand, packaging and labeling are not included under the medical marijuana processor license.
Licensed retail selling of medical and adult-use cannabis and cannabis products with delta-9 THC content of over 0.3% is legal in Douglas County as stipulated by the State of Oregon’s ORS Chapter 475C.
Only people with valid medical marijuana cards are permitted to purchase cannabis for medical use. Individuals who can present a government-issued legitimate ID demonstrating that they are aged 21 or older can purchase recreational cannabis.
A medical marijuana dispensary must register with the OMPP in order to sell medical cannabis over the counter. A licensed medical cannabis dispensary must be 1,000 feet or farther away from a school or another cannabis dispensary. As of August 2023, there was no licensed medical cannabis dispensary in Douglas County.
Meanwhile, a cannabis retailer license must be acquired from the OLCC Recreational Marijuana Licensing System online to be able to sell by retail both medical and adult-use cannabis and cannabis products to qualified purchasers. As of May 2, 2023, there were 17 licensed cannabis retailers in Douglas County.
Raw cannabis, as well as cannabis products, including concentrates, extracts, topicals, and edibles, may be sold at a licensed medical cannabis dispensary or cannabis retailer.
A licensed cannabis retailer is permitted to sell a medical cannabis cardholder a daily maximum of eight ounces of cannabis and a monthly maximum of 32 ounces of cannabis under the OLCC Recreational Marijuana Rules. For buyers who are at least 21 years old, the total of all of the following items makes up the daily purchase cap:
Delivery by licensed retailers to qualified purchasers of medical and adult-use cannabis and cannabis products with delta-9 THC content of more than 0.3% is legal in Douglas County under ORS Chapter 475C of the State of Oregon. However, licensed retailers are limited to doing deliveries only within the boundaries of the municipality or county that they are located in. An ordinance must be passed in order for a county or city to permit the delivery of medical or recreational cannabis from a licensed retailer located in another county or city.
To apply for a medical cannabis card from the OMPP, Douglas County residents need to have an Attending Provider’s Statement (APS) signed after being diagnosed with any of the following ailments:
The attending provider must be a state-licensed doctor of medicine, naturopathy, or osteopathy. A state-licensed certified registered nurse anesthetist, clinical nurse specialist, or nurse practitioner also qualifies.
The patient has to finish the online application no later than 90 days after receiving the APS. The application may also be sent by mail to the following address with all requirements after the documents are printed and filled up:
Oregon Medical Marijuana Program (OMMP)
PO Box 14450
Portland, OR 97293-0450
The patient application fees are as follows:
Upon completion of the application, online applicants will be able to print a receipt that can be used for 30 days while awaiting the arrival by post of the physical medical cannabis card. However, the receipt has a purchase limit of 24 ounces of medical cannabis. Taxes are not charged to holders of the 30-day receipt and the medical cannabis card for their medical cannabis transactions.
The OMMP may be reached for queries through the following:
Phone: 971-673-1234 12 pm to 4 pm, Monday to Friday
Email: ommp.info@odhsoha.oregon.gov
A state retail tax of 17% is levied on the selling price of adult-use cannabis and adult-use cannabis products by the State of Oregon under ORS Chapter 475C. The state sale tax is not levied on medical cannabis cardholders, though.
Licensed cannabis cultivation, processing, or manufacturing businesses cannot be charged local taxes by counties and municipalities. Local governments may, however, charge age-qualified consumers a municipal recreational cannabis retail tax at a maximum of 3% of the selling price of the adult-use cannabis or cannabis product they bought. Douglas County was not imposing a local retail tax on adult-use cannabis as of August 2023.
According to OLCC data, medical and recreational cannabis total sales by licensed retailers throughout the state reached $5.825 billion, from October 2016 to July 1, 2023.
Medical cannabis was legalized in Douglas County in 2013, and adult-use cannabis was legalized in 2015.
Data sent by the Douglas County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2012, a year before the legalization of medical cannabis, there were 270 marijuana possession arrests and 40 marijuana sales arrests, totaling 310 marijuana offense arrests.
In 2014, a year after the legalization of medical cannabis, there were 216 marijuana possession arrests and seven marijuana sales arrests, totaling 223 marijuana offense arrests.
In 2018, there were 20 marijuana possession arrests and no marijuana sales arrests.
In 2021, the latest data showed seven marijuana possession arrests and no marijuana sales arrests.
The number of DUI arrests during those years was as follows: