Pursuant to Measure 91 which legalized the use of recreational marijuana in Oregon for those who are 21 years old and above effective July 1, 2015, cannabis cultivation is legal statewide. This includes Lane County but is subject to county regulations on marijuana.
Throughout the state, medical marijuana is regulated by the Oregon Health Authority (OHA) while recreational marijuana is regulated by the Oregon Liquor Control Commission (OLCC). The OLCC Business Guide states that marijuana facilities must be licensed by either the OHA or the OLCC and cannot exist together in the same location.
Adults who are 21 years old and above can legally cultivate marijuana at home but only up to four plants for every residence no matter how many adults live there. ORS 475c states, however, that the limit is higher for patients and their caregivers who are holders of an Oregon Medical Marijuana Program (OMMP) registry identification card. Jointly, they can grow up to six mature marijuana plants or twelve immature marijuana plants at a registered address. All types of cannabis cultivation at home should be out of the public’s sight.
For commercial cannabis cultivation, an annually renewed producer license from the OLCC must be applied for. It authorizes the holder to plant, cultivate, grow, trim, harvest, and dry cannabis. Each license specifies a production tier which determines the total measurement of the cannabis canopy that can be grown, with a maximum of 20 canopy groups. Applications for new producer licenses were stopped on April 4, 2022, though, and applications will not be accepted until March 31, 2024.
Indoor and outdoor cultivation of cannabis is allowed for licensed cultivators as long as the entire facility is out of the public’s view and there is no public access to it. All entrances and exits must be locked at all times. Signage must be posted prominently on all entrances banning minors from the premises. Only adults who hold an OLCC marijuana worker permit can be hired as employees.
In Lane County, a new OLCC producer license can only be processed after a local Recreational Marijuana Land Use Compatibility Statement (LUCS) is applied for and processed, with a processing fee of $130.00. County Ordinance No. 15-08 allows licensed marijuana production facilities in forest zones and farm zones. In industrial zones, it is allowed only with a special use permit. In commercial zones, only tier 1 production is allowed but also requires a special use permit. Marijuana production is not allowed in residential zones and other zones not specifically mentioned above.
As of August 16, 2022, there were 155 active marijuana producer business licenses in Lane County.
Measure 91 has legalized cannabis manufacturing in Oregon, including Lane County. This is also, however, subject to county ordinances on marijuana.
Throughout the state, commercial cannabis processing requires an annually renewed OLCC processor license. Each license must specify endorsements for the kind of marijuana products to be manufactured, such as extracts, concentrates, topicals, and edibles. If a product type is not endorsed in the license, the processor is not allowed to manufacture it.
Operating standards must also be strictly observed by licensed cannabis processors and manufactured cannabis products must go through testing. When processing edibles as well as extracts and concentrates intended for use in edibles, the kitchen must first be certified by the Oregon Department of Agriculture (ODA). All licensed cannabis processing facility employees must be holders of OLCC marijuana worker permits.
In Lane County, Ordinance No. 15-08 allows licensed marijuana processing facilities in farm, commercial, and industrial zones but only with a special use permit. Marijuana processing is forbidden in residential zones and zones that are not mentioned specifically above. As of August 16, 2022, 41 cannabis processor business licenses were active in Lane County.
Cannabis retail was legalized throughout Oregon by Measure 91. Lane County is covered by this, subject to country ordinances regarding marijuana.
Cannabis retail statewide requires an annually renewed OLCC retailer license. Medical cannabis dispensaries must exist separately and must have an OHA license. Both are not allowed in zones that are exclusively residential and must stay away from all private and public elementary and secondary schools by more than 1,000 feet.
Licensed retailers are mandated to ensure that they only sell cannabis to adults aged 21 and older, and must verify the age of consumers through valid identification cards. They are then permitted to sell retail cannabis and cannabis products such as extracts, concentrates, topicals, and edibles with the following daily purchase limits per person:
Four immature marijuana plants
Ten marijuana seeds
Five grams of inhalable cannabinoid products
Five grams of cannabinoid extracts or concentrates
72 ounces of a liquid cannabinoid product
16 ounces of a solid cannabinoid product
Two ounces of usable marijuana
Cannabis products for general use that are available for recreational users have smaller allowable serving sizes and THC concentration limits compared to medical cannabis.
Also, the daily purchase limits are higher for OMMP registry identification card holders, as follows:
Four immature marijuana plants
50 marijuana seeds
Five grams of inhalable cannabinoid extract
72 ounces of a liquid medical cannabinoid product
24 ounces of usable marijuana
16 ounces of cannabinoid concentrate
16 ounces of a solid medical cannabinoid product
In Lane County, licensed cannabis retail facilities are only allowed in commercial and industrial zones if they have special use permits. Cannabis retail is prohibited in residential zones, farm zones, forest zones, and all other zones not mentioned above. As of August 16, 2022, there were 86 cannabis retailer business licenses that were active in Lane County.
In Oregon, Measure 91 allows the delivery of cannabis by licensed cannabis retailers to consumers who are 21 years old and above and residing in the same city or unincorporated area of the county. This includes OMPP registry identification cardholders.
Delivery is also allowed to consumers residing in adjacent cities or unincorporated areas of adjacent counties that have no ordinances prohibiting it. Lane County has no such prohibition. In the entire state, however, delivery is forbidden to consumers residing on federal land.
The licensed retailer’s delivery vehicle can carry only up to $10,000 worth of cannabis at any time. The vehicle must have a secured cargo hold, must be tracked through a GPS device, and must be unmarked.
The licensed retailer’s delivery personnel must always carry a permit when making a delivery and must remain in touch electronically with the store. A delivery manifest must also be presented to the consumer to be signed as an acknowledgment of receipt of the cannabis. Information about every marijuana delivery must be logged by the retailer and retained for presentation to the OLCC upon request.
Residents of Oregon and Lane County can acquire an OMMP registry identification card by first consulting a qualified health practitioner who will diagnose their medical condition and sign an attending provider statement (APS) if they have any of the conditions approved for a medical marijuana prescription.
The qualified attending providers are any of the following:
Licensed Doctor of Medicine (MD)
Licensed Doctor of Osteopathy (DO)
Licensed Naturopathic Physician
Licensed Physician Assistant
Licensed Nurse Practitioner
Licensed Clinical Nurse Specialist
Certified Registered Nurse Anesthetist
The following medical conditions qualify for the OMMP registry identification card:
Post-traumatic stress disorder
Degenerative or pervasive neurological conditions
Medical conditions or treatments that cause severe pain, persistent muscle spasms, seizures, severe nausea, and cachexia
Within 90 days upon receiving the APS, the patient should file an application and submit all the requirements to the OMPP. These include the APS, the Grow Site Consent Form, a valid photo ID establishing state residency, and a $200 application fee.
Applicants with the following qualifications can avail of the corresponding reduced fees upon presentation of proof:
No application fee required for Veterans who have a 50% total disability rating caused by a service-related injury or illness, provided they were discharged honorably
$20 for those who have served in the U.S. Armed Forces
$20 for beneficiaries of monthly Supplemental Security Income (SSI)
$50 for people eligible for the Oregon Health Plan (OHP)
$60 for beneficiaries of the Supplemental Nutrition Assistance Program (SNAP)
Applications may be submitted online at ommpsystem.oregon.gov. Alternatively, they may be mailed with the requirements and check enclosed to:
P.O. Box 14450
Portland, OR 97293-0450
Patients who submit complete requirements will be issued a receipt they can use for 30 days in place of a registry card. Their OMMP card will be sent to them by mail.
The OMPP may be contacted on weekdays from 12:00 PM to 4:00 PM at 971-673-1234 or online at email@example.com.
According to the Oregon Department of Revenue, there is a 17% state tax in Oregon on recreational marijuana sales. In addition, municipalities, upon approval of voters, can impose a three percent local tax on recreational marijuana sales. Lane County has agreed to allow the DOR to collect and administer the local marijuana tax on its behalf.
Funds from recreational marijuana sales support all the expenses of the OLCC. After that is deducted, the remaining funds are distributed to the following:
Substance abuse treatment and prevention services (25%)
Oregon State Police (15%)
Law enforcement in cities (10%)
Law enforcement in counties (10%)
The $89.7 million sales of recreational marijuana in April 2020 increased by 23.5% in a year, reaching a record $110.5 million in April 2021.
The Oregon Employment Department states that from October to December 2020, a total of 8,276 people were employed by marijuana industries. They earned a total of $76,315,924 in wages for that quarter, with an average yearly wage of $36,884.
State residents continue to have a high interest in applying for marijuana worker permits. In May 2021, 66,946 such permits were approved and paid for, with 15,525 other applications approved that were awaiting payment and 4,556 under review.
Recreational cannabis was legalized in Oregon effective July 1, 2015. According to the Oregon State Police data on Lane County on the FBI crime report, in 2014 there were 113 arrests for drug abuse violations. Of these, 92 were for possession of marijuana and two were for the manufacturing or sale of marijuana.
Arrests for drug abuse violations decreased to 60 in 2021. Of these, 56 arrests were for drug possession, with 15 for possession of marijuana. There were four arrests for drug manufacturing or sales.
DUI arrests also decreased from 270 in 2014 to 186 in 2021.