Oregon Marijuana Possession Laws

Is Possession of Marijuana Legal in Oregon?

Marijuana possession in the State of Oregon is legal for persons above 21 years. While individuals using marijuana for recreational purposes are limited to one ounce in public, qualifying patients can possess up to 24 ounces. 

The decriminalization of weed started in Oregon in 1973. Afterward, 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?

Possession of weed is legal but limited for Oregon residents. The Oregon Uniform Controlled Substances Act classifies cannabis as a Schedule II substance. As such, marijuana possession above one ounce in public and eight ounces in private is a criminal offense. The severity of the crime increases with respect to the amount of weed found on a person, the location, and the type of marijuana found. 

  • Individuals carrying between two ounces and eight pounds of weed in public commit a misdemeanor offense, resulting in up to 12 months jail time and a $6000 fine. 
  • Marijuana possession above eight pounds in public or private is a class C felony. Offenders found guilty of such a crime may face five years jail sentence and a fine payment of $125,000.
  • Other marijuana-related crimes considered a felony include cannabis sales by unlicensed entities, possession of more than four cannabis plants, and selling weed close to school grounds. 

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

Possessing over one ounce of marijuana in public or eight ounces in private is illegal 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 execution 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. 

Currently, there are 430 recognized wholesalers and 1154 retailers across different counties in the state. Persons above 21 will only be allowed to buy cannabis flowers, clones, seeds, concentrates, edibles, and other CBD products from licensed sellers if they possess a valid ID card. Such ID cards must show that consumers are above 21 years and are Oregon residents. 

Unlike recreational users, patients can only purchase medical cannabis by registering with the Oregon Medical Marijuana Program (OMMP). Residents above 21 years with qualifying medical conditions must complete and send application forms together with their physician statement to the OMMP.

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

You have to be 21 years old and above to buy weed in Oregon. As such, adults within the legal age should carry a state-issued identification card that shows their age and state of residence. Minors in need of medical marijuana can only buy weed with the help of their registered caregivers. 

How Much Weed Can You Carry in Oregon?

In Oregon, residents above 21 can carry up to one ounce (28 grams of weed) for recreational use in public. Other legal marijuana possession for recreation includes:

  • Up to 16 ounces (453.6 grams) of solid cannabis.
  • Up to 72 ounces (2041.2 grams) of liquid cannabis.
  • Up to 0.17 ounce (5 grams) of vape or smokable cannabis.
  • Up to 0.17 ounce (5 grams) of cannabis concentrates.
  • Up to 24 ounces (680.4 grams) of private use.

Patients, as well as designated caregivers with prescriptions and medical marijuana IDs, can possess up to 24 ounces (680.4 grams) of cannabis in public. They can also own:

  • Up to 16 ounces (453.6 grams) of solid cannabis.
  • Up to 72 ounces (2041.2 grams) of liquid cannabis.
  • Up to 16 ounces (453.6 grams) of cannabis concentrates.
  • Up to 0.17 ounces (5 grams) of marijuana extract.

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 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?

For adults above 21, having up to four cannabis plants is legal. 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 one thousand (1,000) feet of a school, growing cannabis at home is illegal. Violators may face up to 25 years in jail together with a fine above $300,000.

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 above 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 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.