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oregon marijuana growing laws

Oregon marijuana growing laws

Oregon is one of the few states that currently allows for personal cultivation of cannabis. A household can grow up to a total of 4 plants on their private property. The 4 plant limit is a household limit regardless of the number of adults living in the household. OMMP cardholders can have 6 mature plants, 12 immature plants 24 inches or taller. and 36 immature plants under 24 inches.

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.

How Much Cannabis Can You Buy in Oregon?

Measure 91 (M91) allows any individual over the age of 21 to grow, purchase, and possess cannabis in limited quantities. There is no residency requirement to purchase, possess, or use marijuana, nor are non-residents prohibited from owning and operating OLCC licensed cannabis businesses. Public consumption remains illegal, though the Oregon State legislature will be considering public consumption during the 2019 legislative session.

Industrial Hemp Regulations

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.

Effective Jan. 4, 2016, the Oregon Liquor Control Commission (OLCC) must accept applications for four kinds of commercial adult use licenses: Production, Processing, Wholesale and Retail. A person or business entity will be able to hold all four licenses or choose to hold less than all four types. Note that medical marijuana growers, by participating in the OLCC production rules, will become able to distribute marijuana to OLCC-licensed retail outlets. The Legislature imposed a 2-year residency requirement for applicants, which will be in effect until Jan. 1, 2020.

Most of the law regarding commercial licensing of adult use facilities is found in Ballot Measure 91 (2014), HB 3400 (2015) and future OLCC rules. The OLCC has announced that it expects to have draft rules ready by October 2015 and final rules ready by November 2015.

As of Aug. 1, 2015, most of this law is contained within Ballot Measure 91 (2014) as amended by HB3400 (2015). The law allowing adult sales at medical marijuana dispensaries is in SB460 (2015).

Commercial Licensing

This brief outline of the laws is just that, a brief outline. Consulting with an Oregon licensed attorney is strongly encouraged. Although penalties for noncompliance with what are complex regulatory schemes are becoming less severe, there is still a thin green line between being legal and being a criminal.

The patient may authorize himself or herself, or the caregiver or the grower to distribute any excess usable medical marijuana to a medical marijuana dispensary and be fully reimbursed. The dispensary, in turn, can reimburse the grower (who may also be the patient) and in turn be fully reimbursed by patients and their caregivers.

Medical Use

Since July 1, 2015, possession of less than an ounce of marijuana by adults 21 years old and older is legal anywhere in Oregon, except that its use is prohibited in public places and in public view. Adults, at their home, may also lawfully cultivate four plants per household (again, out of public view), and they may lawfully possess all of the following:

Industrial hemp growers and handlers statutes are codified at ORS 571.300 to 571.315. Administrative rules can be found at OAR 603-048-0010. These laws were amended by SB 881 (2015).

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.

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent to sell paraphernalia is subject to a civil penalty of $2,000 to $10,000.

It is a Class A misdemeanor punishable by up to 1 year imprisonment and/or a fine up to $6,250 to maintain a structure (including houses and vehicles) that the owner knows is used for using, storing, or selling marijuana.

There is no fine or penalty for cultivation of up to 4 plants homgrown at home.

More Information

Delivery of more than 1 ounce – 16 ounces of marijuana without compensation is a Class A violation punishable by a fine not to exceed $2,000.

Possession of more than 8 ounces – 1 pound of marijuana is a class B violation punishable by a fine of up to $1,000.

Possession of ¼ ounce or less of cannabinoid extract not purchased from retailer is a class B misdemeanor punishable by up to 6 months in prison and a fine of up to $2,500.

Commercial drug offense

Possession of more than 2 – 4 ounces of marijuana is a class B misdemeanor punishable by up to 6 months in prison and a fine of up to $2,500.

Oregon determines the length of sentence by using a sentence grid.