Is THC Legal in Oregon?

What Is THC?

THC is an abbreviation for tetrahydrocannabinol. It is one of the most common cannabinoids present in the cannabis plant, which includes hemp and marijuana. THC is the principal psychoactive component of cannabis, which means it is the molecule responsible for the "high" or euphoric effects associated with cannabis use.

THC isomers include Delta-9 THC, Delta-8-THC and Delta-10-THC. Delta-9-THC is the most well-known and abundant type of THC in cannabis, while Delta-8-THC and Delta-10-THC have attracted attention in recent years as many people use them as alternatives to Delta-9-THC. While they have some characteristics with Delta-9 THC, their chemical structures and effects vary.

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Is THC Legal in Oregon?

Marijuana-derived THC is legal in Oregon. Therefore, adults aged 21 or older or individuals with verified medical cannabis patient statuses in the state can access THC products made from marijuana at licensed dispensaries.

However, the state bans the sale of all artificially derived cannabinoids, including Delta-10-THC, Delta-8-THC, THC-O, and CBN products, from July 1, 2022.

How Much THC is in Weed?

THC potency levels vary in cannabis plants. Hemp products are non-intoxicating since they contain 0.3% THC or less. Marijuana, on the other hand, can contain various quantities of THC, ranging from low to high strength. Marijuana's THC potency has grown significantly since the 1960s, with some strains currently carrying more than 30% THC. According to the United States DEA, the average THC content in marijuana samples collected in 2018 was 15.6%, up from 3.7% in 1995.

THC levels in common and popular cannabis flowers and strains at dispensaries often range from 15-25%. For example, THC levels in strains like Girl Scout Cookies, OG Kush, and Wedding Cake range from 20-25%. Some strains, however, may have substantially greater THC levels. Godfather OG, for example, has been reported to contain up to 34% THC.

The non-intoxicating cannabinoid THCA, or tetrahydrocannabinolic acid, is present in raw cannabis. When heated, THCA transforms into the psychoactive THC. THC levels are not the same as THCA levels mentioned on cannabis labels. The THCA level, on the other hand, can indicate a strain's potential THC potency.

THC compounds found in cannabis include Delta-9-THC, Delta-8-THC, and Delta-10-THC. The most prevalent and well-known component, Delta-9-THC, is responsible for the plant's intoxicating effects. The following THC compounds are listed in descending order of abundance in marijuana:

Delta-9-THC
Tetrahydrocannabivarin (THCV)
Tetrahydrocannabiorcol (THCC)
Tetrahydrocannabiphorol (THCP)
Delta-7-Tetrahydrocannabinol
Delta-8-Tetrahydrocannabinol
Delta-10-Tetrahydrocannabinol

Oregon THC Laws 2024

The following are THC laws in Oregon:

HB 3000: According to Oregon's HB 3000, all artificially derived cannabinoids, like Delta-8-THC and Delta-10-THC, are banned in the state. Although Delta-8-THC occurs naturally in cannabis, it is available in minute quantities, making its extraction difficult. Since Delta-8-THC and Delta-10-THC are not extracted directly from hemp but rather made by converting pure CBD into THC, such THC compounds fit the definition of artificially derived cannabinoids

According to the state's definition, an artificially derived cannabinoid refers to a chemical substance created via a chemical reaction that alters the molecular structure of another chemical substance derived from the Cannabis family Cannabaceae. The definition excludes a naturally occurring chemical substance separated from the plant Cannabis family Cannabaceae by a mechanical or chemical extraction process. Also, cannabinoids produced by decarboxylation from a naturally occurring cannabinoid acid without the use of chemical catalysts are not considered artificially derived cannabinoids.

Note that per HB 3000, CBN gummies may still be sold in the state

Oregon Medical Marijuana Act (OMMA): Also called Measure 67, the OMMA passed in 1998 established a medical marijuana program allowing registered patients to possess and use marijuana-derived THC for medical purposes. Patients registered with the Oregon Health Authority (OHA) who have been issued Oregon medical marijuana cards are allowed to use a limited amount of marijuana-derived THC to treat their conditions.

OHA-registered patients can possess up to:

680 grams of THC in flower form
454 grams of a THC product in solid form
2 liters of THC in liquid form
454 grams of THC concentrates
5 grams of THC extract

Under the OMMA, THC derived from marijuana may only be legally purchased from Oregon-licensed medical marijuana dispensaries. It is illegal to ship medical marijuana across state lines into or out of Oregon, and the public use of THC is prohibited. However, OHA-registered patients may move cannabis within the permitted possession limits from one Oregon location to the other.

Measure 91: Measure 91 legalized marijuana-derived THC use for adults in Oregon. Per Measure 91, adults in Oregon aged 21 or older can possess:
28 grams of THC in cannabis flower
454 grams of THC in solid form
2 liters of THC in liquid form
5 grams of THC in the smokable form
5 grams of THC concentrates

It is also legal for adults aged 21 or older to share THC products with other adults of legal age as long the amounts do not exceed the stipulated possession limits. However, cannabis sharing must not involve financial transactions, such as cover charges, donations, or raffles, as Oregon considers such transfers, sales. Per state law, only marijuana-derived THC purchased from Oregon-licensed dispensaries is legal. Home-made THC products are illegal. Also, it is prohibited to ship marijuana-derived THC across state lines into Oregon or vice-versa. However, if the possession limits are not exceeded, and transportation is done securely, Oregon residents may move marijuana-derived THC intended for recreational use from one jurisdiction to another within the state.

What is the Legal Limit for THC While Driving in Oregon?

Oregon does not state a per se limit of THC intoxication under its THC laws. Rather, the state uses drug recognition experts (DREs) to determine whether a motorist suspected of intoxication but not positive for alcohol is likely to be under the influence of an intoxicating substance, such as THC. The evaluation procedure, rather than a specific THC blood concentration, is used to prosecute DUII cases in the court. Note that under Sections 813.010 and 813.011 of the Oregon Revised Statutes, driving while under the influence of intoxications (DUII) in the state offense.

Will THC Show Up on a Drug Test?

THC's presence in the human body can be detected by a drug test depending on various factors, including the amount of THC used, frequency of use, and time since the last use. THC can persist in your bloodstream for many days to several weeks, depending on the conditions listed. Note that even tiny quantities of THC can result in a positive drug test result, as some tests are more sensitive than others.

How Long Does THC Stay in the Body?

When THC is ingested or taken in other forms, it is metabolized in the liver, forming various metabolites. These metabolites are later removed from the body through excretion. The detection window for THC in the blood is usually several hours, while it can remain detectable in urine for up to 30 days or longer, depending on the frequency and amount of use. THC can also be detected in saliva for up to 72 hours and in hair for up to 90 days.

What Is THC Oil?

THC oil is a concentrated version of marijuana's THC component. THC oil, as opposed to CBD oil derived from hemp, is extracted from marijuana plants and includes significant quantities of THC.

THC oil is commonly made by drying, grinding, and mixing the cannabis plant with a solvent, such as ethanol, to extract the cannabinoids. The solvent is then evaporated, leaving a thick, oily material high in THC behind. THC oil is available in a variety of forms, including vape cartridges, tinctures, and edibles. THC in the oil binds to receptors in the brain and body when generating a "high" effect in users. While THC oil is generally harmless when taken in moderation, it can cause anxiety, paranoia, and poor coordination, especially at high dosages.

What Is THC Distillate?

THC distillate is a highly concentrated form of THC, containing generally 90-95% THC. It is made by the distillation of pure THC extracted from cannabis plants. THC oil, on the other hand, is a less refined substance that may include other chemicals besides THC.

THC distillate differs from CBD distillate, which is made from hemp and includes CBD rather than THC. The main difference between THC and CBD distillate is the cannabinoid content, with THC distillate carrying a high concentration of THC and CBD distillate containing a high concentration of CBD.

When THC distillate is used, it can produce psychoactive effects such as feeling "high" or euphoric. It may be used in various forms, including vaping, dabbing, and adding it to food or drinks. However, THC distillate is potent and must be taken with caution.

Where to Buy THC in Oregon?

Due to the state’s prohibition on artificially derived cannabinoids, it is illegal to purchase many hemp-derived THC products, such as Delta-8-THC, Delta-10-THC, and CBN products. However, the state makes an exception for CBN gummies which may be purchased at CBD stores and vape shops. Marijuana-derived THC products are sold at licensed Oregon dispensaries, some of which also offer online sales for buyers who prefer to shop online. Oregon residents can find marijuana-derived THC products in the form of tinctures, oils, capsules, edibles, flowers, and concentrates.