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growing marijuana legally in oregon

Growing marijuana legally in oregon

While it is legal to possess cannabis in almost any location in the state, the use/consumption of cannabis in Oregon is restricted to private property. Use includes smoking, vaping, eating, or drinking a cannabis product. Private property includes personal residences and may include temporary lodging such as hotels, provided that it is permitted by the property owner. However, public areas of a hotel or apartment complex include hallways, lobbies, or pools. There is no public consumption or consumption on property that is open to the public, such as such as streets, sidewalks, parks, bars or restaurants at the time of this publishing. It is being considered for the 2019 legislative session.

The Controlled Substances Act (CSA) does not differentiate industrial hemp from recreational cannabis, so hemp and marijuana are treated the same: both are illegal. The CSA does have an exemption for dried mature stalks and sterilized seeds, but there is no economically significant amount of CBD in these parts of the plant, so they are only good for rope and ship sails. This inconsistency in federal law creates confusion and a potential problem for exporting CBD oil out of Oregon or the country. Congress recognizes this issue and the Senate’s version of the 2018 Farm Bill would fix the problem by legalizing industrial hemp. As of this writing, the House version of the bill does not include hemp legalization, but the hemp legalization portion of the Senate’s version, backed strongly by Mitch McConnell and other senate republicans, is widely expected to be passed in the final version of the bill. In addition, the omnibus spending bill they included a provision that prohibits the Department of Justice from using budgetary funds from prosecuting industrial hemp activities conducted in compliance with state industrial hemp pilot programs developed under the 2014 Farm Bill.

Personal Growing Limits

Industrial hemp is defined as the plant Cannabis Sativa with a THC level of less than 0.3%. Industrial hemp in Oregon is regulated by the Oregon Department of Agriculture (the ODA). The ODA issues two type of permits: 1) a grower permit and; 2) a handler permit. These permits are substantially easier and cheaper to obtain as compared to OLCC licenses, and there are much fewer restrictions. If the samples exceed the THC limit, the product must be destroyed. Similarly, processed hemp is required to be tested for THC levels prior to sale. Once the processed hemp is sold by a processor it is considered an agricultural commodity and is not further regulated by the ODA.

In 2005, Oregon created the current medical card program and allowed the patient to reimburse their growers for certain growing expenses. They also increased the allowable limit to 24 ounces of usable cannabis and six plants. In 2012, Oregon created a medical registry system which permitted medical marijuana dispensaries by state-issued license.

OLCC and the Cannabis Industry in Oregon

The OLCC provides strict regulatory oversight by means of scheduled visits, surprise inspections, and third-party complaints to trigger investigations. The OLCC has authority to issue violations with sanctions including fines, license suspension, or license revocation.

Cultivation of more than 4 – 8 plants is a Class B misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $2,500.

Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.

Delivery of 16 ounces or more of marijuana with compensation is a misdemeanor by up to 1 year imprisonment and/or a fine up to $6,250.

Criminal

There is no fine or penalty for possession of 16 ounces or less of solid infused cannabinoid products, 72 ounces or less of liquid infused cannabinoid products and 1 ounce or less of cannabinoid extracts at home.

Note that processing, or extracting is Manufacturing under Oregon law.

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Manufacture of marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Delivery of any amount marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000.

Recreational growing is allowed for adults over the age of 21. However, there are strict laws and requirements to follow to grow cannabis legally. A person can either be a designated grower for a patient or grow in their own home on private property.

If you are growing cannabis recreationally then you won’t need to obtain a marijuana grow license. It is legal to grow cannabis in your own home; however, you must receive permission from the landlord if you are a renter. It is important to keep all plants out of the view of the public eye. If you are 21 or older you can grow up to four plants per household. If you are caught growing more than 4 plants the consequences can include prison and a fine up to $125,000. Keep in mind distance from schools and religious institutions if and when growing cannabis.

Because marijuana is legal for both medical and adult-use in Oregon there are no requirements to recreationally grow cannabis for yourself at home, staying within the laws.

Medical Growing

Laws are ever-evolving in the state of Oregon to help better the cannabis industry, so it’s important to understand what can and cannot harm you when growing cannabis. Because marijuana is legal for both medical and adult-use in Oregon there are no requirements to recreationally grow cannabis for yourself at home. However, if you are a patient growing for yourself, or a caregiver growing for others it’s important to follow all requirements and receive your permits through the Oregon Medical Marijuana Program (OMMP)[efn_note]Oregon Medical Marijuana Program, 2020[/efn_note].

To obtain a medical marijuana grow license in Oregon, a patient or caregiver must provide the Oregon Medical Marijuana Program (OMMP)[efn_note]Oregon Medical Marijuana Program, 2020[/efn_note] the name and address of the grower. Once approved by the state a patient or caregiver can grow 6 mature plants and 12 immature plants. Curious about plant limitations? Read Oregon’s Plant Limits Chart[efn_note]Oregeon Health Authority, OMMP Plant Limits, 2020[/efn_note]. If you are growing cannabis for a patient in the state of Oregon and are a renter, you must still be approved through your landlord as well. A grower must be 21 or older and cannot grow for more than 8 patients at a time. To better understand your limits as a patient or caregiver read Oregon’s Reporting and Tracking Requirements[efn_note]Oregon Health Authority, Reporting and Tracking Requirements for Medical Marijuana Growers, 2020[/efn_note].

Recreational Growing

The journey of cannabis in the pioneer state Oregon begins in the 1970s when it was the first state to decriminalize possession of small amounts of cannabis in 1973. In 1998 on Ballot Measure 67 the state legalized medical marijuana. As of 2014, adult-use and possession of cannabis became legal to sell to individuals 21 and older. Because cannabis is legal in Oregon marijuana grow licenses have been allowed medicinally and recreationally. Zoned Properties is going to give you the information you need to properly, legally, and safely grow your cannabis.

Oregon has been a pioneer in the cannabis industry for businesses and people alike. It’s crucial to stay on top of the ever-changing laws in Oregon for your health and safety. Although Zoned Properties has broken down how to obtain a marijuana grow license for both medical and adult-use the requirements, fines, and distance from schools can change over time. If you are looking for more information on how to obtain a marijuana grow license in Oregon review the OMMP website[efn_note]Oregon Health Authority, Oregon Medical Marijuana Program, 2020[/efn_note].