Oregon Marijuana Laws: Is Weed Legal in Oregon?
Is weed/marijuana use legal in Oregon?
What are the laws in Oregon on marijuana use? In 2014, the State of Oregon passed a marijuana law, known as the Oregon Marijuana Act that allowed adults aged 21 or older to legally possess and use marijuana, also known as cannabis and or weed, in the state of Oregon. This is for recreational use at your home or on private property. The Oregon Marijuana law officially made marijuana in most ways legal with a few exceptions.
If you live in Oregon and need a DUI lawyer or an attorney who can help you with marijuana issues in Oregon, we can help! We’re based in Beaverton and serve the entire Portland area. We also provide a free consultation in person or over the phone. Call us at 503-372-6244.
What are the restrictions on marijuana use in Oregon?
Despite the Oregon marijuana law that makes recreational use of weed in Oregon legal, the Oregon Indoor Clean Air Act still prohibits smoking in the workplace and within 10 feet of all entrances, exits and windows, and air vents, which includes inhalant delivery systems such as vape pens and e-cigarettes that can be used to deliver cannabinoids. You can't use marijuana on public property, such as parks, or on sidewalks.
Also, you can't drive under the influence of marijuana in Oregon. There are certain amounts of THC (Tetrahydrocannabinol) that cannot be in your blood. THC is the psychoactive part of weed or marijuana. However, the amount of THC in your blood is not as easy to test as it is to an individual's blood alcohol content since detectable levels can remain in an individual’s urine for weeks. There are other tests law enforcement can also conduct to determine if an amount of marijuana consumed has impaired your driving. It is best not to drive within several hours of using marijuana. If you use marijuana at night, it is best not to drive until after a full night's sleep.
Taking Marijuana to Other States
The Oregon Marijuana law also does not allow individuals to take marijuana to other states.
Under the Oregon marijuana and cannabis law, Landlords also retain the right to restrict the use and growth of weed on their property. The growth, transportation, and possession of marijuana on federal property is also still prohibited.
How much marijuana can I possess in public under Oregon marijuana laws?
There are also limits on how much recreational marijuana or cannabis a person may possess both in public or in private in Oregon. Under the Oregon Marijuana law, an individual is allowed to possess up to 1 ounce or 28 grams of cannabis flower; 16 ounces or 454 grams of a cannabis product in solid form; 72 ounces or 2 liters in liquid form; 5 grams intended for smoking or vaping; 5 grams of concentrates; four immature plants and 10 marijuana seeds.
How much marijuana can I possess in private under Oregon marijuana laws??
Under Oregon marijuana laws, a person can privately possess 8 ounces of usable marijuana, dried leaves, and flowers; 1-ounce cannabinoid extracts or concentrates, (this must be purchased from a licensed marijuana dealer); 16 ounces of cannabinoid product in solid form; 72 ounces of cannabinoid product in liquid form; 10 marijuana seeds and four marijuana plants.
If a person is found by Oregon law enforcement to be in possession of more than what is lawful under the private and public use laws, a person can still be charged for unlawful possession of marijuana and cannabis under Oregon criminal laws.
How can a person in Oregon obtain and purchase marijuana or cannabis?
A person in Oregon can purchase recreational marijuana from an OLCC-licensed marijuana establishment. There are many laws and regulations related to marijuana retailers that are updated each year. For example, under Oregon marijuana law, an Oregon city and its city council in Oregon can still choose whether or not it wants marijuana and cannabis retailers within its city limits.
Under Oregon medical marijuana laws, a retailer is only allowed to sell an ounce of marijuana of usable marijuana to a customer within one day or 5 grams of marijuana cannabinoid extracts or concentrates; 16 ounces of cannabinoid product in solid form; 72 ounces of cannabinoid product in liquid form; 10 marijuana seeds; 4 immature plants.
It can also sell 24 ounces of usable weed and cannabis to OMMP (Oregon Medical Marijuana Program) cardholders and caregivers.
Oregon marijuana law also allows individuals to grow up to four plants per household
A person in Oregon can also gift and make giveaways of marijuana, (to other Oregon residents within the state) but cannot include any financial consideration for the marijuana gift. Financial consideration for marijuana under the Oregon marijuana law includes cover charges, admission, donations, tip jars, raffles, fundraiser events, purchase required, barter, or sales. When goods, services are exchanged for marijuana, it is considered the same as selling marijuana, without a marijuana retailer license.
What are the laws for medical marijuana use in Oregon?
Under Oregon marijuana laws, an individual can be prescribed marijuana for a “debilitating medical condition” as well as other medical conditions if the person applies for and is approved under Oregon marijuana laws and requirements for use of marijuana for a medical condition. Only individuals 18 and older can apply. If a patient is younger, a parent or guardian must complete a minor declaration form.
A debilitating medical condition under Oregon marijuana laws can include cancer, glaucoma, a degenerative or pervasive neurological condition, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, or a side effect related to the treatment of those medical conditions; or a medical condition or treatment for a medical condition that produces cachexia; severe pain; severe nausea; seizures, including to seizure caused by epilepsy; persistent muscle spasm including those caused by multiple sclerosis and post-traumatic stress disorder. It also includes the following medical conditions: GERD, fibromyalgia, arthritis, carpal tunnel syndrome, spondylitis, IBS, and degenerative disk disease.
Oregon Medical Marijuana Cards
Also under Oregon marijuana laws, in order to use marijuana medicinally, an individual needs a medical marijuana card. (MMJ card). A person has to prove residency within the state of Oregon. A person also needs the condition documented with a doctor with a physician's statement. The person also needs to establish a doctor-patient relationship, which usually requires at least three visits to a primary care physician.
After the certification from the doctor, you can visit the OMMP website and complete an application to register as a medical marijuana patient in Oregon. The website allows you to know what dispensaries are available throughout Oregon.
It'll cost you $200 to apply for an MMJ card in Oregon and $200 to renew. Your Oregon MMJ card is valid for one year. The cost is lower if you are on Food Stamps, the Oregon Health Plan, or if you have served in the U.S. military. This price is also in addition to the clinic visit for your treating physician. The OMMP also conducts a criminal background check on you when you apply to grow marijuana.
The Oregon Court of Appeals in 2015 found that if a person’s medical marijuana card has expired, you cannot use it as an affirmative defense for illegal possession of marijuana.
Federal laws on the use of marijuana still make the use of marijuana illegal
Despite the State of Oregon passing laws that in many ways legalize the use of marijuana, federal marijuana law still makes marijuana illegal. The use, sale, and possession of marijuana over .3% of THC in Oregon under federal law is still illegal and not considered as an accepted medical use. As a result, if you use marijuana in Oregon for recreational or medical use reasons, you are still breaking federal law. This means that you could still technically be charged with a crime by federal investigators and prosecutors in federal court.
In 2013, the Department of Justice under the Obama administration announced it would not interfere with marijuana operations that complied with state regulations.
It indicated that federal marijuana law enforcement would focus on marijuana revenue to fund gangs, distribution of marijuana to minors, marijuana moving across state lines to states where it is illegal, money laundering, violence and firearm use in growing or distributing marijuana, driving under the influence of marijuana, marijuana possession or use on federal property. (This can include federal facilities such as courthouses, post offices, army bases, as well as National Parks or forests).
Federal Marijuana Law Enforcement
However, in 2018 President Trump’s administration terminated the policy and announced prosecutors could pursue criminal cases when state and federal laws were different. As of Jan. 2021, the Biden administration indicated that he had not formulated a specific policy on cannabis and marijuana and it's unknown what his stance will be on the enforcement of the federal marijuana law. This is something you should keep an eye on. I'm watching it closely for my clients and can answer your questions on it.
The interplay between federal and state law still has not been resolved despite their clear conflict with one another. The 10th Amendment allows states to regulate laws related to the health of their citizens, but federal criminal laws on marijuana could trump state marijuana laws under the supremacy clause. It also has the ability to regulate interstate commerce, which could affect laws related to recreational use in our state.
State Supreme Court Decision on Oregon Marijuana Laws
The Oregon Supreme Court recognized the supremacy of the federal laws when it ruled in 2010 In Emerald Steel Fabricators, Inc. v. Bureau of Labor and Industries, that when there was a clash of federal and state law to medical marijuana, federal law gave won. This determination made it so employers in Oregon were not required to accommodate employees for medical marijuana use under the Americans with Disabilities Act in the workplace. The Oregon Supreme Court said that under federal law, marijuana was still illegal and so an employer could not be held liable for accommodating you for something that was illegal under federal law.
Reach out to our Oregon law firm about further questions about your specific situation and your rights under Oregon Marijuana laws. We'll give you a free legal consultation that requires no commitment. We’re experts in Oregon marijuana laws including criminal defense and DUI law.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
