Oregon

Is Weed Legal In Oregon?

Yes, adults 21 and older in Oregon are allowed to possess and use recreational cannabis, which can be purchased from a marijuana dispensary or shop. Adult-use cannabis has been legal in the state since 2014, while Oregon voters allowed medical marijuana in 1998.  

Legislation History

Following Oregon voters’ passage of Measure 67, the Oregon Medical Mariuana Act, in 1998, the state became one of the first to implement a medical cannabis program. In 2014, voters in the Beaver State approved the Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act, or Measure 91, legalizing the sale, possession, and use of recreational cannabis.

 

New Oregon weed laws have gone into effect to address regulation 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 rules and is allowed to deny licenses who don’t complete their renewals on time, as well as for applicants with “unauthorized interest in a licensed business.” 

 

In June 2019, the passage of SB 218 took things a step further, granting the OLCC the authority to refuse to issue initial production licenses at the department’s discretion in an effort to regulate supply within the state.

Regulation Authority

The OLCC controls all licensing and regulation of Oregon recreational weed laws, while the Oregon Health Authority oversees all licensing and regulatory oversight of the Oregon Medical Marijuana Program (OMMP).

How Old Do I Need
to Be to Consume?
21+
Recreational
18+
Medical
Possession Limit
for Flower
28.35g
Recreational
28.35g
Medical
Possession Limit
for Concentrates
28.35g
Recreational
28.35g
Medical

How Much Marijuana Can You Buy In Oregon?

Under Oregon recreational weed laws, consumers ages 21 and older are allowed to buy 1 ounce, or 28.35 grams, of cannabis flower per day, with a 17% excise tax charged on cannabis and cannabis-infused products, plus up to 3% in local taxes. Cannabis may only be purchased from an OLCC-licensed retailer.

 

Medical marijuana patients and their caregivers can buy cannabis from an OLCC-sanctioned retailer or an OMMP-approved dispensary as long as they have photo identification and a valid OMMP card. 

 

An OLCC rule enacted Dec. 28, 2018, allows patients and caregivers to buy up to 8 ounces, or 226.8 grams, per purchase and up to 32 ounces per month. The new rule also allows authorized retailers to deliver cannabis to patients and caregivers throughout the state, even to places in Oregon where marijuana sales are not allowed.

Consuming Cannabis

Adults ages 21 and older can legally consume cannabis on private property. They are not allowed to consume recreational marijuana in a public place, including establishments such as bars and restaurants licensed to serve liquor. Consuming cannabis is also illegal in a parked car in public view, while driving, or riding as a passenger.

 

If a location is not licensed for liquor, check with local agencies to see whether it’s deemed a public space. Oregon defines public places as spaces that can be accessed by the general public, such as common areas in apartments and hotels, roadways, schools, parks, public transit vehicles and stops, and amusement parks. Locations not deemed public spaces are subject to Oregon’s Clean Air Act and approval of the venues before marijuana can be consumed.

Possessing Cannabis

On private property or in possession while in public, recreational users may possess up to:

  • 1 ounce, or 28.35 grams, of cannabis leaves and flower;
  • 1 ounce, or 28.35 grams, of cannabinoid extracts or concentrates;
  • 16 ounces, or 453.6 grams, of a cannabinoid product in solid form;
  • 72 fluid ounces, or 2.13 liters, of a cannabinoid product in liquid form;
  • 10 marijuana seeds, and;
  • Four immature marijuana plants.

Gifting to adults ages 21 and older is allowed up to the following limits:

  • 1 ounce, or 28.35 grams, of dried cannabis;
  • 16 ounces, or 453.6 grams, of cannabis-infused products in solid form;
  • 72 fluid ounces, or 2.13 liters, of cannabis-infused products in liquid form, and;
  • 5 grams of cannabis concentrates.

Gifting is illegal if it exceeds possession limits and if a financial transaction — such as a raffle, cover charge, or donation — is conducted. The state considers these actions a marijuana sale.

 

Federal law makes it illegal to bring cannabis purchased in another state to Oregon, or to travel with cannabis purchased in Oregon to another state, including the neighboring adult-use states of California, Nevada, and Washington.

 

If driving within Oregon, legal possession limits apply and driving under the influence of marijuana remains illegal. Additionally, it’s also illegal to consume cannabis in a car, whether the user is a driver or passenger.

 

If flying within the state of Oregon, passengers flying out of Portland International Airport (PDX) are allowed to possess up to 1 ounce, or 28.35 grams, of marijuana. Smoking it on an aircraft, however, is illegal. Using or having cannabis on federal property is illegal.

 

Patients and their caregivers may possess up to:

  • 24 ounces, or 680.4 grams, of usable marijuana;
  • 16 ounces, or 453.6 grams, of cannabis-infused products in solid form;
  • 72 fluid ounces of cannabis-infused products in liquid form;
  • 5 grams of cannabis extracts and concentrates;
  • 50 marijuana seeds, and
  • Four immature marijuana plants.

Home Cultivation

Adults ages 21 and older may grow up to four marijuana plants at home or private property and out of public view. Renters must check with their landlords, who retain the right to limit cannabis use and growth on their properties.

 

Patients growing medical marijuana or assigning a grower must provide the OMMP with the name of the grower and grow site address, which must be a physical location in Oregon. One registered grow site address is allowed per patient. Once approved, medical patients are permitted to cultivate more than recreational users.

 

How many plants can you grow in Oregon with a medical card? Patients or assigned growers cultivating a medical grow site may cultivate up to the following per patient:

  • Six mature plants;
  • 12 immature plants that are taller than 24 inches, or 61 centimeters, and;
  • 36 immature plants that are shorter than 24 inches, or 61 centimeters.

Plant limits will depend on where the grow site is zoned. A grow site within city limits and zoned as residential can have up to 12 mature plants, 24 immature plants that are 24 inches (61 centimeters) or taller, and 72 immature plants shorter than 24 inches, or 61 centimeters.

 

If the grow site is grandfathered ( the site was registered before 2015) and is zoned as residential and is within city limits, it can have 24 mature plants; 48 immature plants at least 24 inches, or 61 centimeters, or taller; and 144 immature plants shorter than 24 inches, or 61 centimeters.

 

If the grow site is outside city limits or not zoned residential within city limits, then the grow site can have 48 mature plants; 96 immature plants 24 inches, or 61 centimeters; or taller; and 288 immature plants shorter than 24 inches, or 61 centimeters.

 

A household falling under these criteria can have four personal plants, plus the allotted number of medical cannabis plants.

Medical Marijuana Registry

The Oregon Health Authority oversees all licensing and regulatory oversight of the OMMP.

Qualifying Conditions

  • Cancer
  • Glaucoma
  • HIV/AIDS
  • A degenerative or pervasive neurological condition
  • Post-traumatic stress disorder (PTSD)
  • A medical condition or treatment for a medical condition that results in one or more of the following:
    • Cachexia, or wasting syndrome
    • Persistent muscle spasms, including those associated with multiple sclerosis
    • Seizures, including those caused by epilepsy
    • Severe pain
    • Severe nausea

Patient qualifications

Patients must have a qualifying condition and a doctor’s recommendation to obtain a medical marijuana card. The physician must be a licensed Doctor of Medicine (MD) or Doctor of Osteopathy (DO) and has the primary responsibility to treat a patient with a debilitating medical condition.

Registry Process

  • Submit a completed application.
  • Include a complete physician statement.
  • Furnish a valid state or federal ID for the patient.
  • Assign a primary caregiver and grower, if applicable.
  • Pay a $200 application and card fee, plus a $200 optional grow site registration fee.

Once approved, patients will need to go through a OMMP renewal every year.

Caregivers

Under OMMP caregiver rules, A patient may designate a caregiver if he or she is needed to obtain, use, or grow cannabis. Patients younger than 18 must assign a caregiver. Caregivers must be at least 21 years old and be an Oregon resident with a valid state or federal identification.

Registry process

Patients may designate a caregiver on their medical card application.

Providers

In 2015, the OHA assembled a work group to develop guidelines for doctors seeking to recommend medical marijuana to patients, including a complete patient evaluation detailing information such as past and present treatment and any issues with substance abuse, as well as a physical examination and comprehensive treatment plan with includes informed consent in writing. The workgroup also suggests doctors should complete at least three hours of continuing medical education associated with medical cannabis.

Reciprocity

To buy medical marijuana from a dispensary, patients must follow Oregon dispensary rules and show a valid OMMP card. While there is no reciprocity for out-of-state medical marijuana patients, non-residents aged 21 and older can purchase cannabis from the adult-use market. 

Lab Testing

Harvested medical and recreational cannabis, including marijuana-infused products, are subjected to testing to ensure quality and safety control standards.

 

Testing is required for:

  • Cannabinoids
  • Heavy metals
  • Microbiological contaminants
  • Moisture
  • Pesticides
  • Residual solvents
  • Water content

Licensing for Growers, Manufacturers, Processors, and Retailers

Check if a desired production or retail location is under the OLCC Opt-Out List, which allows cities to ban producers and sellers within their borders. Generally, the application must include the company’s name, physical and mailing address, Secretary of State business number; list of funding sources; a Land Use Compatibility Statement issued by the Oregon Liquor Control Commission; a Business Operating plan; proof that the business is allowed to occupy the premises, and a $250 non-refundable application fee.

 

This page was last updated on August 19, 2019.