Patients on public assistance programs and veterans pay reduced fees. Once approved, patients will need to go through an OMMP renewal every year.
New laws have gone into effect to address regulatory issues in the marketplace, from curbing illegal marijuana sales to keeping cannabis accessible to those who need it. In December 2018 the Oregon Liquor Control Commission (OLCC), which regulates the state’s marijuana market, tightened its licensing rules. In June 2019 the passage of SB 218 took things a step further, granting the OLCC permission to refuse initial production licenses at the department’s discretion.
A patient may designate a caregiver to help them obtain, use, or grow cannabis. Patients younger than 18 must assign a caregiver. Caregivers must be at least 21 years old and Oregon residents with valid state or federal identification.
The Oregon Department of Revenue requires a 17% retail sales tax on cannabis and cannabis-infused products, and up to 3% in local taxes in some locations. Cannabis may only be purchased from an OLCC-licensed retailer.
Adults ages 21 and older may grow up to four marijuana plants at home or on private property out of public view. Renters must check with their landlords, who retain the right to limit cannabis use and cultivation on their properties.
The registry process is as follows:
Maximum THC limits per container for adult-use cannabis products are:
The law that legalized the recreational use of marijuana in Oregon is the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, or Measure 91. If you’re looking for possession limits, you can find those on this page under Possessing Cannabis or on the Oregon Liquor Control Commission’s FAQ page.
Prior to 1935, cannabis was legal in Oregon. In 1935 Oregon adopted the Uniform State Narcotic Drug Act. This Act made the possession, production, and distribution of any narcotic a crime. The Uniform State Narcotic Drug Act is the precursor to the Controlled Substances Act.
The following are amounts of recreational cannabis products that can be purchased by any person over 21 with proper identification in any single day. There is no Oregon residency requirement for cannabis sales, but all cannabis products sold in Oregon must be consumed 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.
Because industrial hemp and cannabis are the same plant species, there is naturally confusion under federal law. In 2014, Congress passed the 2014 Farm Bill which included provisions for industrial hemp. The Farm Bill defines hemp in the same way as Oregon and allows states to grow industrial hemp for experimental purposes under the supervision of a university or a state department of agriculture. Oregon’s industrial hemp program was created under the 2014 Farm Bill.
OLCC and the Cannabis Industry in Oregon
If you choose to use, make sure to allow enough time for the effect to completely wear off before you drive.
The OLCC is designated to oversee and regulate recreational cannabis businesses. The OLCC has the responsibility to issue and monitor six types of licenses. They also have the authority suspend or revoke these licenses for noncompliance with state law or OLCC rules.
Measure 91 establishes taxation rates based upon the sale volume of flowers, leaves, and plants. Subsequently, the taxation rate was changed to 17% for all sales, with an option for local city and county government to impose an additional 3%. Tax revenue from cannabis sales is distributed between the common school fund, mental health, alcoholism and drug services, cities and counties, law enforcement, and alcohol and drug prevention and treatment services.
Unlike alcohol, there is currently no breathalyzer test for the presence of thc in the blood, but police have drug recognition evaluators conduct tests to determine if a driver is impaired. If the tests suspect a driver is under the influence, Oregon implied consent laws allow police to conduct breath, blood, or urine tests to obtain evidence of drug use.
Purchase limits for recreational user:
And because US federal law still prohibits cannabis, Oregon growers cannot legally sell outside the state’s borders.
That’s more than 128m “eighths” of weed, and almost three times the amount of cannabis sold in Oregon in all of last year.
But 1,824 marijuana-related business licenses have already been issued, including 981 production operations. Another 967 production licenses are in various stages of approval by the state and could come online later this year.
But Lessar said that because of the way cannabis is regulated, he can’t sell the oils back to the producer. They need to already have a buyer lined up or obtain a $5,000 license that covers a different part of the farm-to-consumer process.
Unlike Colorado, which also legalized marijuana, many of the cannabis farms in Oregon are outdoors because the plants thrive in the state’s warm, sunny summers. But the first year that recreational cannabis farms were licensed, a rainstorm hammered the crop just before the prime flower harvest in October.
T rey Willison, a cannabis farmer in Eugene, first started worrying last May about there being too much marijuana in Oregon. He had sold all his “clone” plants to other growers, who were using them to cultivate yet more marijuana.
“You start doing the math on that and it just didn’t make sense how people could be growing that many plants,” Willison said.
“A lot of crop got destroyed,” said Pettinger. “It wasn’t salvageable because it had mildew or mold on it. So there was a not a real accurate gauge of what the market looked like.”
Flooded with supply, prices are dropping so much that some dispensaries in the Portland area are selling the drug for $4 a gram. That’s less than half the cost of a bargain-basement batch in other US cities where marijuana is legal, like Denver and Seattle.