Oregon Marijuana Possession Laws

Is Possession of Marijuana Legal in Oregon?

Yes. Marijuana possession in the State of Oregon is legal for persons above 21 years, but the state allows eligible medical marijuana patients of all ages to possess medical-grade cannabis. While individuals using marijuana for recreational purposes are limited to 2 ounces in public, they may possess up to 8 ounces in their private residences. Qualifying patients, on the other hand, can possess up to 24 ounces of medical cannabis.

The decriminalization of weed started in Oregon in 1973. Afterwards, the state made medical marijuana legal through the approval of Measure 67, also regarded as the Oregon Medical Marijuana Act. Recreational cannabis for adult use became legal in Oregon after the passing of Measure 91 in 2014. The bill led to the creation of recreational dispensaries required to register with the Oregon Liquor and Cannabis Commission (OLCC).

How Much Weed Is a Felony in Oregon?

The Oregon Uniform Controlled Substances Act establishes that recreational marijuana possession above 2 ounces in public or 8 ounces in private is a criminal offense. Possessing more than these limits is a criminal violation in Oregon. However, only those in possession of more than 8 pounds of cannabis are guilty of a felony. Oregon punishes this felony with up to 5 years in prison and $125,000 in fines.

What Are the Penalties for 1st Time Offense of Possession of Weed in Oregon?

First-time offenders with no criminal history charged for illegal marijuana possession may be eligible for a diversion program according to Section 135.881 of the Oregon Revised Statutes. Generally, the diversion program is for first-time offenders charged with non-violent misdemeanor crimes. A complete local, state, and federal criminal history check is conducted on each person before they are accepted into the program. This includes juvenile court records. Eligible offenders are placed on probation, which may last for 12 months before final judgment.

During the diversion program, first-time offenders are expected to:

• Abide by the laws always
• Take an education course.
• Carry out community service
• Pay the program supervision fees
• Make amends where necessary
• Abide with any additional court orders that may be issued on a case-by-case basis.

The court may revoke the probation and find offenders guilty if they break the terms of their probation. On the other hand, the criminal charges may be dropped upon successful completion of this program, and case-related records may be sealed or expunged. The offender is disqualified from this program if convicted of certain crimes, including drug offenses, domestic abuse, or drunk driving.

Where to Buy Legal Weed in Oregon

Oregon residents can only buy cannabis from state-licensed retailers for recreational and medical purposes. The Oregon Liquor and Cannabis Commission (OLCC) provides a list of approved cannabis retailers selling recreational marijuana. The Oregon Medical Marijuana Program also provides a list of currently licensed medical cannabis dispensaries in the state.

How Old Do You Have to Be to Buy Weed in Oregon?

You have to be 21 years or older to buy weed for recreational use in Oregon. To buy medical cannabis in the state, you have to be at least 18 years old. Minors in need of medical marijuana can only buy weed with the help of their registered adult caregivers.

How Much Weed Can You Carry in Oregon?

In Oregon, an adult aged 21 years or older can carry up to 2 ounces of weed for recreational use in public. They may legally carry this or any of these:

• 16 ounces of a cannabinoid product in solid form
• 72 fluid ounces of a cannabinoid product in liquid form
• 10 grams of cannabinoid extracts or concentrates
• 10 grams of cannabinoid products intended for inhalation

A patient or caregiver registered in the Oregon Medical Marijuana Program can possess up to:

• 24 ounces of usable marijuana
• 16 ounces of a medical cannabinoid product in solid form
• 72 ounces of a medical cannabinoid product in liquid form
• 16 ounces of a cannabinoid concentrate sold alone or contained in an inhalant delivery system
• 5 grams of a cannabinoid extract sold alone or contained in an inhalant delivery system

Gifting marijuana is permitted to adults as long as the recipient's cannabis possession limitations are not exceeded. However, such gifts must not involve monetary exchange, such as a lottery, service fee, or contribution. The authorities regard these activities as marijuana sales which must involve OLCC-approved retailers.

What Happens if You Get Caught With Weed Under 18 in Oregon?

Possessing, buying, or using recreational weed is generally illegal if the consumer is not up to 21 years old. According to ORS Section 475B.316, marijuana possession for residents under 21 includes receiving a cannabis product, owning cannabis, and using cannabis within the past 24 hours.

The following penalties apply to underage possession of weed in Oregon:

• Minors caught with unlawful marijuana possession of one ounce, or less may be charged with a class B violation. Such offenders will pay between $500 and $1000 fine with their driving license suspended for 12 months.

The chances of minors facing jail sentences and severe penalties increases if they are caught with higher amounts of cannabis above one ounce. Minor defendants may have their attorneys plead for a diversion program before adjudication. The diversion program is an opportunity for first-time offenders or minors with small amounts of cannabis to have the criminal offense removed from their records.

How Many Marijuana Plants Can You Have in Oregon?

Oregon allows eligible adults and medical marijuana patients and caregivers to cultivate up to four cannabis plants for personal use. However, it is mandatory to grow legal amounts of marijuana plants in a private residence out of public view. Landlords have the power to restrict cannabis usage and growing in their homes, so tenants should consult with them beforehand. For individuals residing within 1,000 feet of a school, growing cannabis at home is illegal.

Patients with valid medical marijuana cards in Oregon can grow up to six mature cannabis plants or 12 immature plants. However, patients who want to cultivate must be approved by the OHA's Oregon Medical Marijuana Program.

The OMMP Plant Limits show more details on how much cannabis designated growers can cultivate. Approved medical marijuana growers who wish to grow more than 12 plants will have to pay the Oregon Health Authority a $200 registration fee. Depending on the number of cannabis plants cultivated, a license is required to grow weed for Oregon's recreational market.

How Much Weed Can You Fly With From Oregon?

State laws prohibit marijuana transportation from Oregon to other states in the US. However, the Transportation Security Administration permits traveling with medical marijuana products that have no more than 0.3 percent THC on a dry weight basis.

However, when traveling with cannabis, consumers are not allowed to open the container or use the weed. Individuals will be required to get rid of the cannabis before boarding if they are attempting to get on a plane leaving the state.

That said, marijuana is still illegal at the federal level. Traveling with cannabis across different states for medical or recreational use is a federal offense. This also means that your ability to possess recreational or herbal marijuana in Oregon does not extend to federal territories. Some examples of these federal-owned sites in Oregon include military bases, federal courts, national parks, national historic sites, national forests, and other government buildings. In addition, residents found smoking or growing marijuana in a federal territory in Oregon may face jail sentences and up to $250,000 in fines.

Is It Illegal to Be High in Public in Oregon?

Yes. Getting high in public is a criminal offense in Oregon. Residents above 21 years can consume cannabis in their private homes, while consumption in public areas like restaurants and bars is prohibited. It is also illegal for persons to be intoxicated with marijuana while operating a vehicle.

Residents operating a vehicle while under the influence of marijuana may be subject to jail time, fines, and a suspended license. Additionally, the court may mandate the installation of an ignition interlock system in the cars of offenders intoxicated with marijuana while driving. Generally, any quantity of THC in the bloodstream while driving in Oregon might result in a driving under the influence (DUI) prosecution.