|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.|
|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.|
|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.|
|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.|
Marijuana is a Schedule II substance under the Oregon Uniform Controlled Substances Act as decided by rulemaking by the Oregon Board of Pharmacy.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Oregon determines the length of sentence by using a sentence grid.
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.
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.
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.
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.
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.
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.