Oregon Marijuana Trafficking Laws

Can You Mail Weed Legally in Oregon?

No, it is illegal to mail marijuana in Oregon. Per the Federal Controlled Substance Act, marijuana is a Schedule I controlled substance with a high potential for abuse. Even though the Oregon Adult and Medical Use of Cannabis Act legalized marijuana in Oregon, the United States Postal Service (USPS) is a federal agency and therefore cannot process parcels that contain marijuana, including edibles. Mailing marijuana from Oregon into another state is also prohibited.

Furthermore, it is illegal to mail weed through third-party carriers. The law only allows registered marijuana retailers to deliver weed to homes.

What Are the Penalties for Transporting Edibles Across State Lines in Oregon?

Edibles are products consumed through the mouth (solid or liquid) containing cannabinoids found in the cannabis plant. These products have varying proportions of tetrahydrocannabinol (THC) or cannabidiol (CBD). THC produces the euphoric, intoxicating effects associated with cannabis, while CBD is non-intoxicating. Edibles provide alternatives to smoking or vaping marijuana. Some of these products include gummies, brownies, cookies, drinks, and root beer.

The penalty for transporting marijuana edibles across state lines under federal laws is up to 12 months of incarceration and a fine of $1,000.00 for a first conviction. A second conviction is punishable by a mandatory 15-day minimum sentence, a $2,500.00 fine, and up to 2 years of incarceration. Subsequent convictions carry a compulsory 90-day minimum sentence, up to 3 years of imprisonment, and a fine of up to $5,000.00. However, Oregon residents should note that penalties may stretch to life imprisonment and more than $50,000,000.00 in fines depending on the quantity trafficked and whether or not the crime involved death or injury.

How to Get a Drug Trafficking Charge Dismissed in Oregon

The following tips may help to get drug trafficking charges dismissed:

• Challenge legality of the search: The constitution’s fourth amendment guarantees individuals the right to be protected from unreasonable searches and seizures. Law enforcement agents must have probable cause or a warrant before searching a person, their home, or their property. Arrests based on illegally obtained evidence often lead to the dismissal of charges.
• Dispute ownership of the drugs: Law enforcement agents must first prove that the drugs belong to the accused. Persons who can prove that they do not own the drugs may be able to get their trafficking charges dismissed.
• Dispute the trafficking intentions: Possession of a limited amount of marijuana is legal in Oregon. The defense can prove that the amount of weed seized is a limited quantity not intended for sale or distribution.
• Prove arresting officer’s incompetence or corruption: Evidence that law enforcement agents planted the drugs can help get charges dismissed. Also, the charges may be dismissed if the arresting officer did not read the accused their rights.
• Get a criminal defense lawyer: The best way to get drug trafficking charges dismissed is by contracting a good criminal defense lawyer. Experienced attorneys can advise accused persons and provide the best options for dismissal.

Drug Trafficking Facts in Oregon

Drug trafficking, or drug distribution in Oregon, is selling, distributing, transporting, or importing illegal drugs. Drugs most commonly trafficked include cocaine, marijuana, heroin, and methamphetamines. Drug trafficking is a felony at the federal level and in most states in the US.

Facts about drug trafficking in Oregon are:

• The Oregon Uniform Controlled Substances Act classifies illegal drugs in Schedules I through V
• The illegal sale, transportation, and distribution of substances listed in Schedules I through V is a felony
• Cannabis and its derivatives were excluded from the controlled substances list in 2015 as a result of the enactment of the Adult and Medical Use of Cannabis Act
• Trafficking a Schedule I substance is a Class A felony punishable by up to 20 years imprisonment, a fine of up to $375,000.00, or both
• Trafficking a Schedule II substance is a Class B felony punishable by up to 10 years in prison, a fine of up to $250,000.00, or both
• Trafficking a Schedule III substance is a Class C felony punishable by up to 5 years in prison, a fine of up to $125,000.00, or both
• Trafficking a Schedule IV substance is a Class B misdemeanor punishable by up to 6 months in prison, a fine of up to $2,500.00, or both
• Trafficking a Schedule V substance is a Class C misdemeanor punishable by up to 30 days in jail, a fine of up to $1,250.00, or both
• Sentencing for drug trafficking in Oregon depends on:
  • Quantity: Penalties are more severe as quantities increase
  • Offender’s Age: Minors may get probation instead of imprisonment or fines
  • Frequency: First offenders are eligible for probation and lighter sentences. Repeat offenders get stiffer penalties.

Federal agencies responsible for monitoring drug trafficking in Oregon include the Drug Enforcement Agency (DEA) and the Federal Bureau of Investigation (FBI). The Oregon Liquor and Cannabis Commission (OLCC), Oregon State Police, city police departments, and county sheriff’s offices also monitor and charge offenders in Oregon.

Oregon drug data supplied by the National Criminal Justice Reference Service (NCJRS) show a month-on-month decline in the number of persons arrested for marijuana distribution from an average of 100 arrests in January 2013 to about 20 arrests in December 2015.

How Many Grams of Weed Is Considered Trafficking in Oregon?

Per the Oregon Adult and Medical Use of Cannabis Act, residents should not possess, transfer, sell, or distribute more than 56 grams (2 ounces) of marijuana. Distributing more than 150 grams (5.3 ounces) is considered trafficking in Oregon and attracts more severe penalties. However, marijuana trafficking may attract lighter penalties than trafficking other drugs, depending on the drug and other crime specifics.

What Are the Weed Trafficking Consequences in Oregon?

Persons found trafficking 453.6 grams (16 ounces) or more of marijuana may be charged with a misdemeanor. Parties found guilty face up to 1 year in prison, a fine of up to $6,250.00, or both. Selling marijuana to a minor is a Class C felony and may be punished with a jail sentence of up to 5 years, a fine of up to $125,000.00, or both.

Trafficking any amount of weed within 1,000 feet of school grounds is a Class A felony, punishable by up to 20 years incarceration, a $375,000.00 fine, or both. Courts may impose harsher punishments for repeat offenders trafficking more than 150 grams (5.3 ounces) of marijuana.

How to Transport Weed Legally in Oregon

Marijuana retailers must register with the Oregon Liquor and Cannabis Commission before delivering weed to individual homes. Retailers and their employees must also register with the state’s Cannabis Trafficking System (CTS) before transporting marijuana. Regardless, retailers must not transport more than $3,000.00 worth of weed at any time and must not make more than one delivery to the same address in a day. Qualified establishments must adhere to the OLCC’s Retailer Home Delivery Guide.

Marijuana retailers can only deliver marijuana in the jurisdiction where their premises are licensed. However, retailers can deliver marijuana to medical marijuana patients or their designated caregivers in any part of the state. All deliveries should be between 8 am and 9 pm.

Marijuana products meant for delivery must be locked in a lockbox inside the delivery vehicle. Each product should carry a clear label and not be bundled with non-marijuana products. Retailers should only deliver to the person who made the order and also have them sign. Minors under the age of 21 years may not order for or receive marijuana products.

A marijuana retailer license is obtainable from the Oregon Liquor and Cannabis Commission by completing the Marijuana Retailer application. However, Oregon House Bill 4016 (2022) directed OLCC to stop issuing new retailer licenses between January 2, 2022, and March 31, 2024.