Oregon Marijuana Limitations

What Happens if I am Under 21 and Caught Carrying or Using Cannabis?

It is illegal for anyone under the age of 21 to buy, possess, or use retail marijuana in Oregon. Minor in possession offenses are penalized with substantial fines and one-year driver's license suspensions. A license suspension starts on the date of conviction. Licenses are taken in the courtrooms and sent to the Oregon Department of Motor Vehicles (DMV). After the suspension term expires, the youngster must contact the DMV and pay a reinstatement fee in order to get a new driver's license or apply for one.

For first-time offenders, eligibility for driving privileges will be restored after 90 days from the suspension start date provided the following has been completed:

  • The fine paid in full
  • An education class on possession and use of marijuana
  • A letter submitted to the judge stating the lessons learned from the occurrence
  • Contacting the court to request reinstatement of driving privileges

Second-time offenders will be fined and ordered to undergo diagnostic assessments. The evaluators will refer them to relevant information programs or treatment programs designed for counseling. They will pay for the cost of their assessment and the treatment program ordered. The sentences may also include one-year suspensions of driving privileges.

Where is it Legal to Smoke Weed in Oregon?

While Measure 91 makes it legal for those over the age of 21 to consume marijuana in Oregon, there are certain areas where it is prohibited. Cannabis may be lawfully used in a privately owned house away from the public eye. Cannabis users are not permitted to smoke in a rented house, vehicle, sidewalk, park, or have it delivered to a rented apartment or hotel. Cannabis usage in public is generally banned.

According to Chapter 475B of the Oregon Revised Statutes, public space includes, but is not limited to, hallways, lobbies, and other areas of apartment houses and hotels that do not constitute rooms or apartments intended for actual residence, as well as highways, streets, schools, places of amusement, parks, playgrounds, and premises used in connection with them.

Note that the Oregon Liquor Control Commission (OLCC) also considers any establishment with a state liquor license to be public, including patios or decks dedicated to smokers. Marijuana use in these spaces may put an establishment's liquor license at risk. In addition, vaping and smoking in most businesses are limited by the Oregon Indoor Clean Air Act. Smoking or consuming marijuana products in public places or within public view is a class B violation. The punishment is a fine of up to $1,000.

Can I Leave Oregon with Cannabis?

Although you can carry, possess, and purchase marijuana in Oregon, it is illegal to leave Oregon with Cannabis. Marijuana remains a Schedule I drug per theControlled Substance Act in the United States, hence, persons caught transporting the product across state lines are liable to face charges. Transporting cannabis from one state to another, even if marijuana is recreationally legal in both states is a federal crime. The United States Constitution gives the federal government the authority to control and regulate commerce between states.

Also, transporting marijuana to federal properties within Oregon is prohibited. Federal properties include forest service, Bureau of Land Management, and National Park Service land. The federally recognized Indian tribes maintain the right to collaborate with the State of Oregon that allow for the cultivation and sale of marijuana on their reservations while prohibiting possession and use on their sovereign territory. As a result, local prohibitions may apply while traveling through or to Tribal territory with marijuana.

On June 8, 2021, the Oregon House passed Senate Bill 582 which authorizes the Governor to enter into an agreement with another state for purposes of cross-jurisdictional coordination and enforcement of marijuana-related businesses and cross-jurisdictional delivery of marijuana items. SB582 passed the Senate with a 19-9 vote and is expected to create a framework for the interstate shipment and regulation of cannabis. Note that this Bill which would allow Oregon to import and export cannabis across state lines cannot go into full effect until when the United States cannabis laws change in the future.

Will Cannabis Affect My Driving Record in Oregon?

Driving under the influence of intoxicating drugs is punishable by law in Oregon. Driving under the influence of intoxicants is defined in Oregon Revised Statutes ORS 813.010 as "operating a motor vehicle when drunk or drugged, including impairment from marijuana use." In Oregon, driving under the influence of intoxicants (DUII) regulations are applied in a manner similar to those of alcohol and marijuana. Both are regarded as intoxicants.

For a first-time offender, a diversion program may be available if the offender was not involved in an accident. The program allows the offender to complete a substance abuse program and continue on probation for a period of time. If the diversion program is completed, the DUII charge will be dropped, and the person will not have a DUII conviction on record.

Second-time offenders face harsher penalties under the legislation. If there is a second violation or the offender is not qualified for the diversion program, there is a required minimum prison term of two days and a significant fine. The offender must also finish a drug-abuse treatment. It is also unlawful to use marijuana while driving, even if you are not intoxicated.

Drivers who are convicted of DUII crimes may have their licenses suspended as well. For first-time offenders, the suspension is usually 90 days to one year, and for second-time violations within five years, the penalty is three years. For three or more offenses or a felony DUII, a license will be permanently revoked.

Can I Get a DUII if I Drive While I am High?

Regardless of your reasons for marijuana use, if you use it within weeks of driving, you open yourself to the possibility of being a target for law enforcement investigation, arrest, and charging of DUII. Unlike alcohol, where the Breath Alcohol Concentration (BAC) is intended to be an estimate of the driver's blood alcohol concentration, there is no set amount of tetrahydrocannabinol (THC) for drivers in Oregon. THC is the principal psychoactive chemical substance in marijuana which is believed to cause mental or physical impairment.

While Oregon law presumes that a motorist with a BAC of 0.08 by weight is drunk or impaired by alcohol, there is presently no defined level of THC in a driver's blood or urine. The presence of marijuana metabolites over minimum threshold levels, coupled with an officer's suspicion of recent marijuana usage, may lead to arrest and criminal charges.

Oregon uses Drug Recognition Evaluators or Drug Recognition Experts (DREs) to evaluate whether a driver is under the influence of drugs. Per Oregon's Implied Consent Law, by driving in the State, residents automatically agree to submit to breathalyzer and field sobriety tests if they are arrested by a police officer on probable cause for DUII. If a police officer suspects you of being under the influence of a controlled drug, a DRE will perform a 12-step protocol-based examination. The evaluation's outcome and any comments made throughout the procedure may be used against the driver in court. Refusing to submit to urine testing may result in penalties under Oregon's Implied Consent Laws.

According to the drug symptom chart used by the DREs, common indicators of marijuana use include:

  • Very red eyes
  • Odor of marijuana
  • Body tremors
  • Eyelid tremors
  • Relaxed inhibitions
  • Increased appetite
  • Impaired perception of time and distance
  • Possible paranoia
  • Disorientation

Typically, DREs expect to see some or all of the following indicators of marijuana use to conclude on impairment while driving:

  • No Horizontal Gaze Nystagmus (HGN) - an involuntary jerking of the eyeballs when tracking an object moving horizontally in front of the eyes
  • No Vertical Gaze Nystagmus (VGN) - an involuntary jerking of the eyeballs when tracking an object moving vertically in front of the eyes
  • Lack of convergence - an inability to cross the eyes
  • "Normal" pupil size or dilated - larger than normal) pupil size
  • "Normal" reaction of the pupils to light - the pupils become larger in darkness, then quickly become smaller when exposed to light
  • Elevated pulse rate - higher than the normal pulse rate
  • Elevated blood pressure - higher than normal blood pressure
  • Elevated body temperature - higher than normal body temperature

If a driver's urine test shows any quantity of marijuana metabolite and the DRE thinks the motorist was under the influence of cannabis, the matter will be turned over to a local District Attorney's office for criminal charges and subsequent procedures. The medical use of marijuana, even pursuant to a doctor's or nurse's prescription, will not legally matter for a DUII charge. Whether the drivers knew or should have known they were affected by the use of marijuana will also not legally matter for DUII charges.

Oregon does not allow offenders the relief of erasing or wiping off of DUII convictions from their records. Oregon Revised Statutes ORS 137.225 precludes set-asides for certain traffic-related offenses, including driving under the influence of intoxicants and driving while suspended.

Can I Buy Marijuana in Oregon?

You can legally buy recreational marijuana in Oregon if you are 21 and older. Recreational users may purchase seeds, immature marijuana plants, cannabinoid products, and usable marijuana from licensed OLCC retailers. You do not have to prove that you are a resident of Oregon to legally purchase recreational marijuana, but you will be required to prove that you are of legal age with government-issued identification at the time of purchase. Patients suffering from qualifying medical conditions in Oregon can also purchase medical marijuana in the State.

Where Can I Buy Marijuana in Oregon?

In Oregon, you must be a registered medical marijuana patient, a designated caregiver, or an adult over the age of 21 to purchase marijuana. You may buy marijuana or marijuana products from a registered state dispensary or store if you have a driver's license or state ID. Medical marijuana patients must also provide a valid Oregon Medical Marijuana Program (OMMP) card at the time of purchase. Because some dispensaries in Oregon exclusively offer medical marijuana to patients and caregivers, it is best to do your investigation before visiting a new dispensary.

In Oregon, delivery services for marijuana products are available to medical patients, caregivers, and recreational consumers aged over 21. Note that not all marijuana dispensaries and retailers offer home delivery services.

Per OLCC requirements and Measure 91, licensed marijuana retailers and dispensaries in Oregon can open as early as 7:00 am and close as late as 10:00 p.m. Local governments also have the authority to further restrict legal operating hours within their jurisdictions if they choose. You can purchase marijuana products including flower/bud, infused edibles, topical products, tinctures, concentrates and extracts, and marijuana seeds and clones.

How Much is Marijuana in Oregon?

Prices vary for cannabis products sold across Oregon marijuana dispensaries and retailers. The price depends on several factors including strain and form of the product. According to a study by the Oxford Treatment Center in 2020, on average, one ounce of high-quality marijuana in Oregon costs $211. One ounce of medium quality marijuana costs $187, one "joint" of high-quality marijuana costs $4.91. One "joint" of medium quality marijuana costs $4.36. A recent study by the United States defines a "joint" of cannabis to mean 0.66 grams of marijuana.

On average, a gram of recreational marijuana in Oregon costs around $10, although prices can range from $5 per gram for lower quality buds to $15 per gram for top-shelf flowers. Medical marijuana also costs about $9 on average.

How Much Cannabis Can I Legally Have?

Recreational users of marijuana of legal age may possess the following amount of marijuana and marijuana products in public:

  • 1-ounce usable marijuana (dried leaves and flowers)
  • 1-ounce cannabinoid extracts or concentrates (must be purchased from a licensed marijuana retailer)
  • 16 ounces cannabinoid product in solid form containing no more than 50 milligrams of THC per package
  • 72 ounces cannabinoid product in liquid form such as tinctures
  • 10 marijuana seeds
  • 4 immature marijuana plants per consumer per year

The following are the private possession limits for recreational marijuana use in Oregon:

  • 8 ounces usable marijuana (dried leaves and flowers)
  • 1-ounce cannabinoid extracts or concentrates (must be purchased from a licensed marijuana retailer)
  • 16 ounces cannabinoid product in solid form
  • 72 ounces cannabinoid product in liquid form
  • 10 marijuana seeds
  • 4 marijuana plants

Medical marijuana patients and authorized caregivers are permitted to possess greater amounts of marijuana products. They are, however, restricted to the following amounts:

  • up to 32 oz. marijuana flower per month

  • 72 ounces of liquid products, such as tinctures

  • 16 ounces of solid products, such as edibles

  • A cannabis concentrate in the amount of up to 16 ounces (can be sold alone or contained in an inhalant delivery system)

  • A cannabis extract of up to 5 grams (sold alone or contained in an inhalant delivery system)

  • 50 marijuana seeds maximum

  • Up to 6 mature plants and 12 immature plants.

Home delivery limits for persons receiving marijuana deliveries from dispensaries and retailers offering the service are as follows:

  • 1 ounce or less of marijuana flower
  • 5 grams or less of marijuana concentrates
  • Up to 72 ounces of marijuana liquid or 1 pound of marijuana-infused edibles

In Oregon, marijuana purchasing limits vary from possession limits. Recreational users may buy up to 5 grams of marijuana concentrates or extracts from licensed merchants and dispensaries. Medical marijuana users and authorized caregivers have the following options for purchasing greater amounts of marijuana products:

  • Up to 8 ounces of flower/bud each day, with a maximum of 32 ounces per month.

  • Cannabis concentrates or extracts weighing up to 5 grams

  • Up to 16 ounces (by weight) of solid marijuana products containing no more than 100 milligrams of THC per package

  • Liquid foods, such as tinctures, in quantities of up to 72 ounces

  • A maximum of six mature (flowering) marijuana plants

Where is Weed Legal?

State Legal Status Medicinal Recreational
Alabama Criminalized No No
Alaska Decriminalized Yes Yes
Arizona Decriminalized Yes Yes
Arkansas Partly Decriminalized Yes No
Colorado Decriminalized Yes Yes
Connecticut Partly Decriminalized Yes Yes
Delaware Partly Decriminalized Yes Yes
District of Columbia Decriminalized Yes Yes
Florida Partly Decriminalized Yes No
Georgia Partly Decriminalized Accepts only CBD Oil No
Hawaii Partly Decriminalized Yes Yes
Idaho Decriminalized No No
Illinois Decriminalized Yes Yes
Indiana Partly Decriminalized Accepts only CBD Oil No
Iowa Partly Decriminalized Accepts only CBD Oil No
Kansas Decriminalized No No
Kentucky Partly Decriminalized Accepts only CBD Oil No
Louisiana Partly Decriminalized Yes No
Maine Decriminalized Yes Yes
Maryland Partly Decriminalized Yes Yes
Massachusetts Decriminalized Yes Yes
Michigan Decriminalized Yes Yes
Minnesota Partly Decriminalized Yes Yes
Mississippi Partly Decriminalized Yes Yes
Missouri Partly Decriminalized Yes Yes
Montana Decriminalized Yes Yes
Nebraska Decriminalized No Yes
Nevada Decriminalized Yes Yes
New Hampshire Partly Decriminalized Yes Yes
New Jersey Decriminalized Yes Yes
New Mexico Partly Decriminalized Yes Yes
New York Decriminalized Yes Yes
North Carolina Decriminalized No Yes
North Dakota Partly Decriminalized Yes Yes
Ohio Partly Decriminalized Yes Yes
Oklahoma Partly Decriminalized Yes No
Oregon Decriminalized Yes Yes
Pennsylvania Partly Decriminalized Yes No
Rhode Island Partly Decriminalized Yes Yes
South Carolina Decriminalized No No
South Dakota Decriminalized Yes Yes
Tennessee Decriminalized No No
Texas Partly Decriminalized Accepts only CBD Oil No
Utah Partly Decriminalized Yes No
Vermont Decriminalized Yes Yes
Virginia Partly Decriminalized Accepts only CBD Oil Yes
Washington Decriminalized Yes Yes
West Virginia Partly Decriminalized Yes No
Wisconsin Partly Decriminalized Accepts only CBD Oil No
Wyoming Decriminalized No No
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Oregon Marijuana Limitations