Oregon Laws and Penalties

• Drugged Driving
• Expungement
• Legalization
• Medical Marijuana

Offense	Penalty	Incarceration	Max. Fine
Possession
In Public
2 oz or less	No Penalty	None	$ 0
2 - 4 oz	Violation	None	$ 1,000
4 - 8 oz	Misdemeanor	6 months	$ 2,500
8 oz - 8 lbs	N/A	N/A	N/A
More than 8 lbs	Felony	5 years	$ 125,000
In Private
8 oz or less	No Penalty	None	$ 0
8 oz - 1 lb	Violation	None	$ 1,000
1 - 2 lbs	Misdemeanor	6 months	$ 2,500
2 lbs - 8 lbs	N/A	N/A	N/A
More than 8 lbs	Felony	5 years	$ 125,000
Manufacture, Delivery, or Distribution
Manufacture
Any amount	Felony	5 years	$ 125,000
Within 1000 feet of school grounds	Felony	20 years	$ 375,000
Personal home gardens and licensed production sites exempted.
Delivery
1 oz or less homegrown without compensation	No Penalty	None	$ 0
More than 1 oz - 16 oz without compensation	Violation	None	$ 2,000
To a minor	Felony	5 years	$ 125,000
Within 1000 feet of school grounds	Felony	20 years	$ 375,000
Delivery with or without compensation of 150 g or more is punished more severely.
Cultivation
Up to 4 plants homegrown	No Penalty	None	$ 0
More than 4 - 8 plants	Misdemeanor	6 months	$ 2,500
More than 8 - 12 plants	N/A	N/A	N/A
More than 12 plants homegrown	Felony	5 years	$ 125,000
Within 1,000 feet of a school (except homegrown or licensed)	Felony	20 years	$ 375,000
Hash & Concentrates
16 oz or less solid infused at home	No Penalty	None	$ 0
72 oz or less liquid infused at home	No Penalty	None	$ 0
1 oz or less extract at home	No Penalty	None	$ 0
0.25 oz or less not purchased from retailer	Misdemeanor	1 year	$ 6,250
More than 0.25 oz not purchased from retailer	Felony	5 years	$ 125,000
Note that processing, or extracting is Manufacturing under Oregon law.
Paraphernalia
Sale, delivery, possession with intent to sell or deliver, or manufacture with intent sell or deliver to a person under age 21	Civil Penalty	N/A	$ 1,000
Civil Asset Forfeiture
Vehicles and other property may be seized.
Miscellaneous
Commercial drug offenses are punished more severely.
A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana can result in an automatic 6 months suspension of driving privileges.

Penalty Details

Cannabis is specifically exempt from schedule I by Oregon’s controlled substances statute and regulation.

• Oregon Statute § 475.005(6)(B)(a)-(e)

Possession

In Public

There is no fine or penalty for possession of 2 ounces or less of marijuana in public.

Possession of more than 2 ounces and up to 4 ounces of marijuana is a violation and a fine of $1,000.

Possession of more than 4 ounces and up to 8 ounces of marijuana is a misdemeanor punishable by up to 6 months in prison and a fine of up to $2,500.

Possession of over 8 pounds of marijuana is a felony punishable by up to 5 years in prison and a fine of up to $125,000.

In Private

There is no fine or penalty for possession of up to 8 ounces of useable marijuana.

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

Possession of more than 1 pound and up to 2 pounds of useable marijuana is a misdemeanor punishable by up to 6 month in prison and a fine of up to $2,500.

Possession of more than 8 pounds of useable marijuana is felony punishable by up to 5 years in prison and a fine of up to $125,000.

• Oregon Statute § 475C.337(1)(b)
• Oregon Statute § 475C.337(3)(c)(B)
• Oregon Statute § 161.605(3)
• Oregon Statute § 161.625(d)
• Oregon Statute § 475C.305(2)
• Oregon Statute § 475C.337(1)(c)
• Oregon Statute § 475C.337(3)(a)
• Oregon Statute § 153.018(2)(b)
• Oregon Statute § 161.615(2)
• Oregon Statute § 161.635(b)

Commercial Sale and Regulation

Retail sales of cannabis by state-licensed entities to those over the age of 21 are regulated in this state. Adults may purchase up to two ounces of marijuana per transaction from a licensed retailer. Marijuana sales by unlicensed entities remain subject to criminal penalties as described above.

Manufacture, Delivery, or Distribution

Manufacture

Manufacture of any amount of marijuana is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000 except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Manufacture of marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000, except for home gardens of 4 plants and licensed production sites and medical marijuana growsites.

Delivery

Delivery of 1 ounce or less of “homegrown” marijuana without compensation carries no fine or penalty.

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. 

Delivery of any amount of marijuana to a minor is a class C felony punishable by up to 5 years in prison and a fine of up to $125,000.

Delivery of any amount marijuana within 1,000 feet of school grounds is a class A felony punishable by up to 20 years in prison and a fine of up to $375,000.

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.

• Oregon Statute § 475C.345(3)(a)
• Oregon Statute § 161.635(b)
• Oregon Statute § 161.615(2)
• Oregon Statute § 475C.345
• Oregon Statute § 475C.345(b)(B)

Cultivation

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

Cultivation of more than 4 plants and up to 8 plants is a Class B misdemeanor punishable by up to 6 months imprisonment and/or a fine up to $2,500.

Cultivation of more than 12 plants is a felony punishable by up to 5 years in prison and a fine up to $125,000.

Culitvation within 1000 feet of a school (except homegrown or licensed) is a felony punishable by up to 20 years in prison and a fine up to $375,000.

• Oregon Statute § 475C.305(1)
• Oregon Statute § 475C.349(3)(a)
• Oregon Statute § 161.635(b)
• Oregon Statute § 161.615(2)
• Oregon Statute § 475C.349(b)(A)
• Oregon Statute § 475.904

Hash & Concentrates

Possession

There is no fine or penalty for possession of 16 ounces or less of solid infused cannabinoid products, 72 ounces or less of liquid infused cannabinoid products and 1 ounce or less of cannabinoid extracts at home.

Possession of ¼ ounce or less of cannabinoid extract not purchased from retailer is a misdemeanor punishable by up to 1 year in prison and a fine of up to $6,250.

Possession of more than ¼ ounce of cannabinoid extract not purchased from retailer is a felony punishable by up to 5 years in prison and a fine of up to $125,000.

Note that processing, or extracting is Manufacturing under Oregon law.

• Oregon Statute § 475C.305(3)
• Oregon Statute § 475C.305(4)
• Oregon Statute § 475C.305(5)
• Oregon Statute § 475C.337(1)(g)
• Oregon Statute § 475C.337(2)
• Oregon Statute § 475C.337(c)(C)

Paraphernalia

Sale, delivery, possession with intent to sell or deliver to a person under age 21 is subject to a civil penalty of up to $1,000.

• Oregon Statute § 475C.373(2)
• Oregon Statute § 153.018(B)

Forfeiture

Vehicles and other property may be seized.

Miscellaneous

Commercial drug offenses are punished more severely.

A conviction for possession of more than 1 oz, delivery, or cultivation of marijuana can result in an automatic 6 months suspension of driving privileges.