Oregon Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Oregon?

Marijuana possession with intent to distribute in Oregon refers to the act of possessing marijuana with the plan to transfer or deliver the substance to another place or person. However, in order to be found guilty of marijuana possession with intent to distribute, the prosecution must prove using permissible evidence that the offender actually distributed the substance. Prosecutors often look for evidence such as digital scales, individual baggies, or other drug paraphernalia that may lead to the assumption that an individual intends to distribute marijuana to someone.

Marijuana possession with intent to distribute is not the same as simple marijuana possession. In simple marijuana possession, the prosecutor has no suspicion that the individual intends to sell or transfer marijuana to another person. Note that under the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, residents aged 21 or older may possess up to 1 ounce of marijuana and gift the same amount to other adults of legal age without receiving any form of remuneration.

Can You Enter a Dispensary at 18 in Oregon?

You must be 21 or older before you may be permitted to enter a recreational marijuana dispensary in Oregon. However, if you are a registered medical marijuana patient, you can enter a medical cannabis dispensary if you are 18 years or older.

Can You Enter a Dispensary Without a Card in Oregon?

You must show valid government-issued identification as proof of legal age (21) before entering a recreational marijuana dispensary. Recreational marijuana dispensaries are prohibited from permitting anyone under the age of 21 to enter their facilities. If you intend to enter a medical cannabis dispensary, you must show your Oregon medical marijuana identification card before entry may be allowed. Oregon medical marijuana dispensaries can only sell to eligible patients and caregivers that are at least 18 years old.

What Are the Penalties for Possession With Intent To Distribute First Offense in Oregon?

There is no penalty for distributing up to 1 ounce of homegrown marijuana without compensation in Oregon. However, pursuant to Section 475 of the Oregon Revised Statutes, marijuana possession with intent to:

• Distribute between 1 ounce and 16 ounces of the substance without compensation is a Class A violation that may be penalized by a fine of up to $2,000
• Distribute 16 ounces or more of the substance with compensation is a misdemeanor punishable by up to 12 months imprisonment, $6,250 in fines, or both
• Distribute any amount of the substance to a minor is considered a Class C felony which attracts a punishment of a maximum 5 years imprisonment and a fine of up to $125,000
• Distribute any amount of the substance within 1,000 feet of a school ground is a Class A felony which attracts a penalty of up to 20 years imprisonment and a fine of up to $375,000

Note that possession with intent to deliver or distribute more than 150 grams or more of marijuana is punished more severely depending on the offender's prior criminal record.

Federally, first-time offenders found in possession of marijuana (up to 50 kg) with the intent to distribute face up to five years in jail and a $250,000 fine. If the quantity of marijuana detected in the offender’s possession is between 50 and 99 kg, the penalty increases to a maximum 20 years imprisonment and $1,000,000 in fines. If an individual is caught in possession of marijuana with the intent to provide more than 5 grams of the material to an individual under 21, the potential penalties are doubled. Penalties are also doubled if marijuana distribution occurs within 1,000 feet of a playground, school, or public housing or 100 feet of a public pool, youth center, or video arcade.

Is It Legal To Sell Weed in Oregon?

No. It is illegal to sell weed in Oregon unless you are a licensed cannabis entity approved to conduct marijuana and marijuana product sales. If you sell marijuana illegally, you may be charged with drug trafficking or marijuana possession with intent to distribute, which carries stiff penalties.

How To Sell to Dispensaries in Oregon?

In order to legally sell marijuana to dispensaries in Oregon, you must obtain a wholesaler license. The wholesaler license permits the licensee to purchase quantities of marijuana in any form from licensed growers and processors and sell them to licensed retailers. However, before you may obtain a wholesaler license, you must register your business with the state, obtain local approvals, complete a Land Use Compatibility Statement (LUCS), submit a business operating plan and proof of right to occupy the premises, complete and submit an application to the Oregon Liquor and Cannabis Commission (OLCC), and pay the applicable license fee.

How To Get a Distribution License in Oregon

The State of Oregon does not issue marijuana distribution licenses. However, if you intend to obtain a wholesaler license which permits you to transport marijuana products from producers to retailers, you must apply to the Oregon Liquor and Cannabis Commission (OLCC). To apply to the OLCC, you must create an account on the OLCC licensing portal, complete the application process, and pay an application fee of $250.