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oregon growing weed laws

Oregon growing weed laws

Under federal law, it is illegal to possess or consume cannabis and this restriction specifically applies to all federal property. This is an important restriction because the federal government owns more than 50% of the land in Oregon. Examples of federal property in Oregon include federal buildings, national parks, national forests, wildlife areas, and BLM lands.

Purchase limits for OMMP cardholders:

Cannabis Use Restrictions

The OLCC oversees six license types; producer, processor, wholesaler, retailer, laboratory, and research licenses. Once products get into the OLCC system, they can only be transferred between OLCC licensed facilities, until they are sold to the end user by a retailer or destroyed, and must be recorded in the Cannabis Tracking System, METRC, which provides seed-to-sale tracking. OLCC rules limit how product can flow between license types and licensees.

Purchase limits for recreational user:

Age Limits

The Oregon Medicinal Marijuana Program (OMMP) is administered by the OHA. The OHA licenses and regulates medical cannabis growers, processors, and dispensaries. Cannabis grown or processed under the OMMP program can only be sold to OMMP patients. There are certain exceptions that allow growers and processors to sell products to a recreational licensed facility.

Diversion: The courts may defer the proceedings for first time possession offenders and place them on probation. If the individual violates the terms of his/her probation, the courts will terminate the probation and find the defendant guilty. Upon successful completion of probation, courts will dismiss the case.

A conviction for possession of one ounce or more, delivery, or cultivation of marijuana results in an automatic 6 month suspension of driving privileges, unless the court finds compelling reasons not to suspend the driving privileges.

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

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.

Knowingly maintaining a structure used for drug offenses

Vehicles and other property may be seized for violations of the Oregon Uniform Controlled Substances Act. The seizing agency, in conjunction with the district attorney, has 30 days to determine if it will pursue a civil forfeiture proceeding. Forfeiture notice may be given by the police officer when seizing the property or within 15 days of the seizure by the seizing agency. Those claiming an interest in the property have 21 days after forfeiture notice to file a claim with the agency’s forfeiture counsel. There can be no forfeiture without a criminal conviction.

Possession of more than 4 ounces – 8 pounds of marijuana is a class A misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.

Possession of over 8 lbs pounds of marijuana is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

EXPUNGEMENT

Possession of more than ¼ ounce of cannabinoid extract not purchased from retailer is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Possession, delivery, or cultivation of marijuana can be considered a commercial drug offense if 3 factors out of a long list are satisfied, including the delivery was for compensation, the person was in possession of $300 or more in cash, they possessed materials for the packaging of controlled substances, among many others. Commercial drug offenses are punished more severely with the term of imprisonment varying depending on the offender’s prior record.