Linn County Cannabis – Is It Legal & Where To Buy 2025

Is Cannabis Cultivation Legal in Linn County?

Licensed cannabis cultivation for medical and adult use is legal in Linn County under the State of Oregon Revised Statues (ORS) Chapter 475C. According to this law, medical and adult-use cannabis means cannabis with a delta-9 tetrahydrocannabinol (THC) content of over 0.3%.

ORS Chapter 475C enables the banning of medical and adult-use cannabis businesses by counties and municipalities through an ordinance. However, Linn County has not done so for its unincorporated areas. On the other hand, five out of the 15 cities of the county have opted out of all types of adult-use cannabis businesses. These cities are the following:

• Millersburg
• Mill
• Harrisburg
• Halsey
• Brownsville

The Oregon Liquor and Cannabis Commission (OLCC) regulates and licenses the medical and adult-use cannabis industry statewide.

Under the Oregon Medical Marijuana Program (OMMP) of the Oregon Health Authority, medical cannabis may be grown by a registered medical cannabis cardholding patient or caregiver aged 21 and above. Each patient may grow up to six mature and 12 immature medical cannabis plants jointly with a caregiver. If more than two qualified patients live together, the maximum number of medical cannabis plants they can grow in a residence is 12 mature and 24 immature plants.

Each caregiver may grow medical cannabis plants for up to eight patients, but only with an OMMP grower card. The number of medical cannabis plants a caregiver may grow is subject to zoning regulations with a maximum of 96 mature and 192 immature plants.

There is a $200 registration fee for each grow site. This is waived only if the cultivator is growing medical cannabis exclusively for himself within his primary residence and is not selling the excess to licensed medical cannabis processors and dispensaries.

The home cultivation of adult-use cannabis by any person aged 21 and above is allowed by ORS 475C.305 up to four cannabis plants. The cultivation and storage areas must not be visible from any public place.

For an adult-use cannabis cultivation company to operate in Linn County, it must be granted a cannabis producer license by the OLCC through the Recreational Marijuana Licensing System. Applications will close by March 31, 2024.

According to the Linn County Marijuana Code, all types of medical and adult-use cannabis businesses are not allowed in urban growth area district zones. Licensed cannabis cultivation facilities are only allowed in the following district zones:

• Forest Conservation Management (FCM)
• Farm/Forest (F/F)
• Exclusive Farm Use (EFU)
• Urban Development (UD-II)
• Rural Commercial (RCM)
• Light Industrial (LI)
• Heavy Industrial (HI)
• Freeway Interchange Commercial (FIC)
• Agribusiness (AB)

Both indoor and outdoor cannabis cultivation is allowed at a distance of 100 feet or more away from a property line. Indoor cultivation must be done inside a building with windows and doors kept closed. An odor filtration system must be in place. For outdoor cultivation, the property must not be less than five acres in size.

Is Cannabis Manufacturing Legal in Linn County?

Licensed medical and adult-use cannabis product manufacturing is legal in Linn County according to the State of Oregon’s ORS Chapter 475C, provided the city it is located in has not opted out of such businesses.

An adult-use cannabis manufacturing company must be issued a cannabis producer or processor license by the OLCC to operate in Linn County. The application period will end on March 31, 2024. ORS 475C allows licensed cannabis producers to not only cultivate adult-use cannabis crops but also manufacture adult-use cannabis products, excluding packaging and labeling. On the other hand, the cannabis processor licensee is only authorized to manufacture, package, and label adult-use cannabis products in accordance with the packaging and labeling rules of the OLCC.

In Linn County, licensed cannabis manufacturing facilities are allowed in the same district zones as licensed cannabis cultivation facilities except for the FCM zoning district.

Is Cannabis Retail Legal in Linn County?

The licensed retail selling of both medical and adult-use cannabis and their products is legal in Linn County, but only in cities that have not opted out of them. Medical cannabis and its products may be sold only to medical cannabis cardholders. Meanwhile, adult-use cannabis and its products may be sold only to individuals to aged 21 and above. This is in accordance with ORS Chapter 475C of the State of Oregon.

To operate in Linn County, a medical cannabis dispensary must be registered with the OMMP. As of July 2023, there was no registered medical cannabis dispensary in the county, though.

To be allowed to sell by retail medical and adult-use cannabis and cannabis products in Linn County, a cannabis retail company must acquire a cannabis retailer license through the OLCC Recreational Marijuana Licensing System. The application window closes on March 31, 2024. As of May 2, 2023, there were 25 approved cannabis retailer licensees in Linn County.

According to the Linn County Marijuana Code, licensed cannabis retail facilities are only allowed in the following district zones in the county:

• Urban Development (UD-II)
• Rural Commercial (RCM)
• Light Industrial (LI)
• Heavy Industrial (HI)
• Freeway Interchange Commercial (FIC)

In addition, licensed medical and adult-use cannabis retailers in Linn County are required to have at least 1,500 feet of separation from any preschool or school up to the secondary level, daycare center, public playground park, public library, government-owned recreational facility, church, licensed treatment facility, light rail station, or public multi-family housing. They must have at least 1,000 feet of separation from another licensed medical or adult-use cannabis dispensary, and at least 100 feet of separation from a residential zone. Allowed business hours are from 10 a.m. to 8 p.m. only.

ORS 475C allows licensed medical and adult-use cannabis retailers to sell dried cannabis flowers and leaves, cannabis extracts, cannabis concentrates, and cannabis products, including edible and topical forms. The OLCC Recreational Marijuana Rules limits the daily cannabis purchase of each medical cannabis cardholder to eight ounces and the monthly cannabis purchase to 32 ounces. Age-qualified consumers, on the other hand, are allowed a daily purchase limit of the following:

• Cannabis seeds: 10
• Immature cannabis plants: 4
• Dried cannabis: 2 ounces
• Cannabis extracts or concentrates: 5 grams
• Cannabis for inhalation: 5 grams
• Solid cannabis products: 16 ounces
• Liquid cannabis products: 72 ounces

Is Cannabis Delivery Legal in Linn County?

The delivery of medical cannabis and medical cannabis products to medical cannabis cardholders, and of adult-use cannabis and adult-use cannabis products to persons aged 21 and above, is legal in Linn County. This is stipulated by the State of Oregon’s ORS Chapter 475C.

ORS 475C.205 allows licensed medical marijuana processors and wholesalers to deliver medical cannabis and medical cannabis products to medical cannabis cardholders. ORS 475C.117 allows licensed marijuana retailers to deliver adult-use cannabis and adult-use cannabis products to age-qualified consumers, provided the delivery address is within the county and is not on federal land. As of May 2, 2023, nine of the 25 licensed cannabis retailers in Linn County were also approved to do deliveries.

How to Get a Medical Marijuana Card in Linn County

Residents of Linn County may acquire an OMMP medical cannabis card in the State of Oregon by getting an Attending Provider’s Statement (APS) signed after being diagnosed with one of the following illnesses:

• Glaucoma
• Post-traumatic stress disorder (PTSD)
• A degenerative or pervasive neurological condition
• HIV/AIDS
• Cancer
• Any illness or treatment that causes any of the following:
  • Severe pain
  • Persistent muscle spasms
  • Seizures
  • Severe nausea
  • Cachexia

The attending provider can be any of the following state-licensed health professionals who must be the primary health care provider of the patient:

• Doctor of medicine, osteopathy, or naturopathy
• Nurse practitioner, clinical nurse specialist, or certified registered nurse anesthetist

The patient is required to complete the application on the Oregon Medical Marijuana Online System 90 days or less after receiving the APS. The application may also be done by mail, by sending the printed and completed documents and requirements to:

Oregon Medical Marijuana Program (OMMP)

PO Box 14450

*Portland, OR 97293-0450 *

The following must be submitted with either the online or mailed application:

1. The signed APS
2. The filled-up OMMP Application Form
3. A copy of a valid photo ID to prove state residency
4. The filled-up Grow Site Consent Form for patients and caregivers who will be cultivating cannabis on a property they do not own
5. The filled-up Minor Declaration Form for patients younger than 18 for whom a custodial parent or legal guardian is registering
6. Payment of the applicable patient application fee, as follows:
   1. $200 if the patient is not designating a grower
   2. Discounted to $60 if the patient is not designating a grower and is a Supplemental Nutrition Assistance Program (SNAP) beneficiary
   3. Discounted to $50 if the patient is not designating a grower and is an Oregon Health Plan (OHP) beneficiary
   4. Discounted to $20 if the patient is not designating a grower and is a Supplemental Security Income (SSI) beneficiary
   5. Discounted to $20 if the patient is not designating a grower and is a U.S. Armed Forces veteran
   6. The fee is waived if the patient is not designating a grower and is a U.S. Armed Forces veteran who has been honorably discharged with a total disability level of 50%

After submitting the complete application online, the patient may print the 30-day receipt that may be used as a temporary medical cannabis card, but for only 24 ounces of medical cannabis. The physical card will be mailed. Users of the 30-day receipt and the medical cannabis card are not charged taxes on their purchases.

Further information may be requested from the following channels:

Phone: 971-673-1234 12 pm to 4 pm, Monday to Friday

Email: ommp.info@odhsoha.oregon.gov

How Has Cannabis Legalization Impacted the Economy of Linn County?

A 17% recreational cannabis state retail tax is charged by ORS 475C.670 on all purchases of adult-use dried cannabis, cannabis extracts, cannabis concentrates, cannabis products, cannabis plants, and cannabis seeds in the State of Oregon, based on price.

A local recreational cannabis retail tax of up to 3% of the selling price may also be charged by counties and cities on all purchases of adult-use cannabis and cannabis products. Linn County does not charge this but six out of the 15 cities of the county do so at 3%. These cities are:

• Mill
• Lebanon
• Gates
• Brownsville
• Albany

The OLCC states that, from October 2016 to June 2023, medical and recreational cannabis total sales of licensed retailers throughout the state reached $5.743 billion.

The Effects of Cannabis Legalization on Crime Rates in Linn County

Medical cannabis was legalized in Linn County in 2013, and adult-use cannabis was legalized in 2015.

Data sent by the Linn County Sheriff's Office to the Crime Explorer page of the FBI shows that in 2015, there were 12 marijuana possession arrests, comprising all marijuana offense arrests.

In 2016, a year after the legalization of adult-use cannabis, there were 11 marijuana possession arrests, also comprising all marijuana offense arrests.

In 2021, the latest data showed five marijuana possession arrests, still comprising all marijuana offense arrests.

In those years, the number of DUI arrests was as follows:

• 2015: 102 arrests
• 2016: 119 arrests
• 2021: 97 arrests