Loading
Donate

Oregon Laws & Penalties

Offense Penalty Incarceration   Max. Fine  

Possession

Less than 1 oz No Penalty None $ 0
Less than 1 oz within 1000 feet of school grounds Misdemeanor 30 days $ 1,250
1 - 4 oz Misdemeanor 6 months $ 1,000
4 oz or more Felony 10 years $ 375,000
Possession of 150 g or more is punished more severely.

Sale or Distribution

1 oz or more without compensation Felony 5 years $ 125,000
5 g or more Felony 10 years $ 250,000
To a minor or within 1000 feet of school grounds Felony 20 years $ 365,000
Delivery with or without compensation of 150 g or more is punished more severely.

Cultivation

Up to 4 plants for personal use No Penalty None $ 0
More than 4 plants Felony 10 years $ 375,000
Cultivation of 150 g or more, or within 1000 feet of school grounds is punished more severely.

Hash & Concentrates

Penalties for hashish and marijuana are generally treated equally under the law. Please see details below.

Paraphernalia

Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver Civil Penalty N/A $ 10,000

Civil Asset Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Knowingly maintaining a structure used for drug offenses Misdemeanor 1 year $ 6,250
Commercial drug offenses are punished more severely.
A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana results in an automatic 6 months suspension of driving privileges.

Penalty Details

Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.

See

  • Oregon Rev. Stat. § 574.059
  • Oregon Admin. R. 855-080-022

Possession

Possession of up to one ounce of bud or leaf in public and up to eight ounces at home is legal, as of July 1, 2015, for anyone 21 or older. Additionally, an adult is permitted to possess up to one pound of edibles, 72 ounces of infused liquids, and up to one ounce of extracts (used in vaporizer pens).

Possession of over 1 ounce in public, but less than 4 ounces of marijuana is a Class B misdemeanor punishable by no more than six-months in prison. Possession of 4 ounces or more in public is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $375,000. Possession of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender's prior record.

See

Commercial Sale and Regulation

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Marijuana sales by unlicensed entities remain subject to criminal penalties.

The Oregon Liquor Control Commission has until January 1, 2016, to implement regulations on production, processing, and commercial sale of marijuana. Applications to grow, process, or sell marijuana for personal use will be accepted by the state starting January 4, 2016. The state will start issuing licenses during the first half of 2016. Application fees will be $250, and licensing fees are $1,000 per year.

Cultivation for Personal Use

Although commercial marijuana producers cannot grow plants until they receive official licensing, individuals may grow their own for personal, non-commercial use. Each household in Oregon is allowed to grow up to 4 plants yielding up to eight ounces of cannabis at one time. A “household” is defined as all types of dwellings, including both apartments and mobile homes. Additionally, Oregon will not impose a tax on marijuana plants grown for personal, nonmedical use, and will not be inspected or registered.

Distribution

Individuals will not be able to purchase marijuana for personal use, legally until 2016. However, starting July 1, 2015, it will be legal for an adult (over the age of 21) to give up to one ounce to another adult for personal use. The marijuana must be given as a gift. Nothing of value can be exchanged for the marijuana.

Public Use

While it is legal for an adult to have one ounce of marijuana in any form in a public place, public consumption is still illegal. Any place, which the general public has access to, constitutes a public area. These areas include, but are not limited to, apartments and hotel hallways, lobbies, highways and streets, schools, parks, playgrounds, bus and train transit stops, etc.

Sale or Distribution

Delivery of 1 ounce or more of marijuana without compensation is a Class C felony punishable by up to 5 years imprisonment and/or a fine up to $125,000. Delivery of one ounce or more for compensation is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $250,000. Any delivery (with or without compensation) of 150 grams or more is punished more severely with the term of imprisonment varying depending on the offender's prior record.

See

Delivery of marijuana for or without compensation within 1,000 feet of a school is a Class A felony punishable by up to 20 years imprisonment and/or a fine up to $365,000. If the sale was for less than 5 grams to a person over the age of 18 is a Class C misdemeanor, punishable by up to 30 days imprisonment and/or a fine up to $1,250.

See

  • Oregon Rev. Stat. § 161.605
  • Oregon Rev. Stat. § 161.615
  • Oregon Rev. Stat. § 161.625
  • Oregon Rev. Stat. § 161.635
  • Oregon Rev. Stat. § 475.860(4)(b)
  • Oregon Rev. Stat. § 475.862

Delivery to a minor by a person 18 years or older (who is at least 3 years their senior) is a Class A felony punishable by up to 20 years imprisonment and/or a fine up to $375,000.

See

  • Oregon Rev. Stat. § 161.605
  • Oregon Rev. Stat. § 161.625
  • Oregon Rev. Stat. § 475.860(4)(a)

Cultivation

Cultivation of more than four plants is a Class B felony punishable by up to 10 years imprisonment and/or a fine up to $375,000. If the amount cultivated is 150 grams or more, the punishment is more severe with the term of imprisonment varying depending on the offender's prior record. Cultivation within 1,000 feet of a school is a Class A felony, and punished more severely than other offenses. The term of imprisonment will vary based on the individual’s prior record.

See

  • Oregon Rev. Stat. § 161.605
  • Oregon Rev. Stat. § 161.625
  • Oregon Rev. Stat. § 475.856
  • Oregon Rev. Stat. § 475.858
  • Oregon Rev. Stat. § 475.900(1)(a)(E)
  • Oregon Rev. Stat. § 475.900(1)(c)
  • Sentencing Grid of the Oregon Criminal Justice Commission
    http://www.oregon.gov/cjc/about/Documents/guidelinesgrid.pdf

Hash & Concentrates

Hashish and concentrates are considered marijuana in Oregon and have the same penalties. If an individual posses over 150 grams, it is commercial drug offense, which increases the associated penalties based on the individual’s prior record.

See

  • Oregon Rev. Stat. 475.005(16)
  • Oregon Rev. Stat. 475.900
  • Oregon v. Ness, 635 P.2d 1025
  • Or. Ct. App. 1981

Paraphernalia

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.

See

  • Oregon Rev. Stat. § 475.525
  • Oregon Rev. Stat. § 475.565

Sentencing

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

See

The courts may defer the proceedings for first time 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.

See

  • Oregon Rev. Stat. § 475.245

Forfeiture

Criminal

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 criminal forfeiture proceeding. Should the district attorney decide to pursue criminal forfeiture, it shall be brought in the same proceeding as the underlying offense. When property has been seized, a person with an interest in it (other than the defendant) has 15 days from actual knowledge or notice, whichever is earlier, to file a motion to show cause.

See

  • Oregon Rev. Stat. § 131.558
  • Oregon Rev. Stat. §§ 131.564(2), (8)
  • Oregon Rev. Stat. § 131.582(4)
Civil

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.

See

  • Oregon Rev. Stat. § 131A.020
  • Oregon Rev. Stat. § 131A.105
  • Oregon Rev. Stat. §§ 131A.150(2)-(3)
  • Oregon Rev. Stat. § 131A.165

Miscellaneous

Commercial drug offense

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.

See

Knowingly maintaining a structure used for drug offenses

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.

See

  • Oregon Rev. Stat. § 161.615
  • Oregon Rev. Stat. § 161.635
  • Oregon Rev. Stat. § 475.914
Suspension of Driving Privileges

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.

See

  • Oregon Rev. Stat. § 809.265
  • Oregon Rev. Stat. § 809.280(10)
Decriminalization

The state has decriminalized marijuana to some degree. Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation.

Hemp

This state has an active hemp industry or has authorized research. Hemp is a distinct variety of the plant species cannabis sativa L. that contains minimal (less than 1%) amounts of tetrahydrocannabinol (THC), the primary psychoactive ingredient in marijuana. Various parts of the plant can be utilized in the making of textiles, paper, paints, clothing, plastics, cosmetics, foodstuffs, insulation, animal feed, and other products. For more information see NORML's Industrial Use section.

Legalization

This state has legalized marijuana for personal use.

Medical Marijuana

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.