Oregon Marijuana Laws

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Reviewed By Stephanie Bagnall, J.D. on April 7, 2022

In Oregon, possession laws are different for marijuana use at home versus away from home (Public vs. Private), which extend to edibles and other marijuana products. Because of this, it is advised that smokers who possess cannabis when outside of home should always have an I.D. on them for proof of age.

If you are of legal age and are in a public place, you may possess:

• Two (2) ounces of usable cannabis (i.e. dried flower)

  • Twenty-four (24) ounces of usable cannabis if you are a registered Oregon Medical Marijuana Program (OMPP) cardholder or caregiver

• One (1) ounce of cannabis concentrates or extracts

  • Note: Cannabis concentrates must be purchased from a licensed retail location, possession of homemade concentrates remains illegal.

• Sixteen (16) ounces of cannabis edibles in solid form

• Seventy-two (72) ounces of cannabis products in liquid form

• Ten (10) cannabis seeds

  • Fifty (50) seeds if you are a registered Oregon Medical Marijuana Program (OMPP) cardholder

• Four (4) immature cannabis plants

Please note that property owners and landlords reserve the right to allow or deny marijuana use or cultivation on their property. It is always advisable to check with your landlord or property owner before consuming or cultivating cannabis on their property.

If you are twenty-one (21) years of age or older and possess a valid government-issued ID, you are able to purchase cannabis flower, seeds, clones, edibles, concentrates and several other products containing cannabinoids. However, there are limitations on the amounts of each you are able to purchase from a licensed retailer.

If you are of legal age and possess a valid ID, you are able to purchase:

• Two (2) ounces of usable cannabis (i.e. dried flower)

• Five (5) grams of cannabis concentrates or extracts

• Sixteen (16) ounces of cannabis edibles in solid form

• Seventy-two (72) ounces of cannabis products in liquid form

• Ten (10) cannabis seeds

• Four (4) immature cannabis plants

If you are a registered Oregon Medical Marijuana Program cardholder, you are able to purchase:

• Twenty-four (24) ounces of usable marijuana (i.e. dried flower)

• Sixteen (16) ounces of a medical cannabinoid product in solid form

• Seventy-two (72) ounces of a medical cannabinoid product in liquid form

• Sixteen (16) ounces of a cannabinoid concentrate whether sold alone or contained in an inhalant delivery system

• Five (5) grams of a cannabinoid extract whether sold alone or contained in an inhalant delivery system;

• Four (4) immature cannabis plants, and fifty (50) seeds.

Where to Buy

A patient with any of the following conditions may be qualified to receive medical marijuana:

• Cancer
• Glaucoma
• A degenerative or pervasive neurological condition=
• HIV/AIDS
• Post-traumatic stress disorder (PTSD)
• A medical condition or treatment for a medical condition that produces one or more of the following:
  • Cachexia (a weight-loss disease that can be caused by HIV or cancer)
  • Severe pain
  • Severe nausea
  • Seizures, including but not limited to seizures caused by epilepsy
  • Persistent muscle spasm, including but not limited to spasms caused by multiple sclerosis

The application fee is $200. Individuals receiving certain benefits from the state, such as SNAP, may apply for reduced fees. Get Your Card

Gifting of recreational cannabis between two adults twenty-one (21) years of age or older is permitted, but only if the gifted amount does not exceed possession limits and the gift-giver does not accept any financial consideration.

Financial consideration can be defined in multiple ways, listed as follows:

• Money

• Goods or services

• Tips

• Cover charges

• Admission fees

• Donations

• Raffles

• Fundraisers

• Sales

If any of the above-listed items are accepted as final consideration, the transaction is no longer considered a gift and is subsequently considered illegal and punishable by law.

Under Measure 91, licensed retailers are authorized to dispense marijuana to adults 21 years of age or older between the hours of 7:00 am and 10:00 pm local time. However, store owners have the right to operate at any time within these hours, so be sure to check ahead of time to confirm the exact opening and closing times.

Smoking marijuana in public in Oregon is illegal. As a result, you can only consume at home or on private property. This means no bars, community parks, public outdoor smoking areas, on buses and airplanes, or federal land.

Oregon has adopted a similar policy as Colorado, which allows for local cities and counties to decide for themselves if they will allow recreational marijuana stores. Please note that cities and counties have their own laws, so a county may ban recreational stores, but a city located within that county may allow them. Vice versa, a city may ban but the county may allow. Personal possession is allowed regardless if a city/county allows recreational stores or not.

In Oregon, driving with any amount of THC in your system could get you a driving under the influence (DUI) charge. However, because THC can stay in your system for up to thirty (30) days, it makes it hard to prove whether or not you smoked prior to or while driving. The best way to avoid this is to not smoke and drive at all. If you are caught driving under the influence of marijuana you could face jail time and fines as well as a suspended driver's license or the judge could order an ignition interlock device installed in your vehicle at your cost. Oregon has taken a hard stance on this and considers any presence of THC to be evidence of impairment.

The legalization of recreational marijuana through Measure 91 doesn't directly affect Oregon's medical marijuana program. However, it has greatly reduced it has a side effect. There are currently only 3 "med-only" dispensaries left in the state. Certain Rec dispensaries can sell to medical patients if they carry what the state considers "medical-grade" cannabis. These sales are not subject to the same taxation as Rec product. The Oregon Medical Marijuana Act protects users from criminal charges concerning possession, production, and delivery.

To apply for a medical marijuana card visit the Oregon Public Health Department's website and fill out an application. You'll need to have your doctor complete the Attending Physician Statement. You'll also need a valid photo ID and $200 for the application fee. If you receive benefits from the government, like food stamps, this fee can be reduced. You'll receive your card within thirty (30) days after submitting your application.

In terms of reciprocity, Oregon does not recognize out-of-state medical marijuana cards by law.

Similar to laws in other recreational states, under measure 91, it is strictly illegal to transport marijuana across state lines, even if both states allow recreational marijuana. However, there are several allowances for transporting marijuana within the state.

You are legally allowed to drive with marijuana in your vehicle, so long as you are within the legal possession limits and have your marijuana stored away from the driver in a child-proof container.

Additionally, you can board a plane in Oregon with the legal public possession limit if you are flying within the state. You may not smoke or open the container on the plane and you may not bring marijuana with you if you are traveling outside of the state. If you are trying to board a plane flying out of state, you will be asked to dispose of the marijuana before boarding.

Remember what we said about marijuana still being illegal in the eyes of the federal government. That means that your right to possess recreational marijuana does not apply on federal or tribal lands in Oregon. That includes national forests, national parks, national monuments, military bases, federal courthouses, and other federal properties. You can't consume, grow, transport, or possess marijuana on any federal lands managed by federal agencies like the National Parks Service and the Bureau of Land Management. If you're caught cultivating or lighting up at a federal park you could face a hefty fine of up to $250,000 and jail time.

Under current Oregon law, if you are twenty-one (21) years of age or older, you are allowed to grow up to four plants per household, but they must be kept out of public view. If you grow outside, hide them with a tall fence or other barrier.  The limit per household is four plants, regardless of how many adults live there. As the state explicitly notes, "Four adults in one residence does not mean sixteen (16) plants." If you grow more than four plants and are caught, you could face fines of up to $125,000 and prison time.

Approved medical cannabis patients and their caregivers can apply to grow up to six (6) mature plants and twelve (12) immature plants.

Note that if you live within one thousand (1,000) feet of a school, you are forbidden from growing at your residence, however this law could change in the future. In the meantime, don't even think about doing it or you could face twenty-five (25) years in prison and up to $375,000 in fines. Explore Strains

Oregon does not grant reciprocity to out-of-state cardholders.

Medical cannabis delivery is permitted throughout Oregon. Recreational cannabis delivery is available in some cities and towns, but not all. Similar to other states with legalized cannabis, localities can choose to permit or ban delivery.

*Legal Disclaimer: This article is not meant to serve as legal advice and is for informational purposes only. Laws and regulations are always changing. Therefore, if you have any legal questions regarding Oregon's medical marijuana laws you must consult with a licensed Oregon attorney.

Expert Reviewer

Stephanie Bagnall, J.D.

Stephanie Bagnall is a legal research and writing expert who supports nonprofits, law firms and other organizations in a wide variety of industries all over the country. She is also a passionate advocate for civil rights and people with disabilities.

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