Oregon Medical Marijuana Laws

Possession

  • Less than 1 oz misdemeanor none $500 - $1,000
  • 1 oz to 110 g class B felony  10 years** $100,000
  • More than 110 g felony variable depending on prior record variable
  • Medical use permitted with up to 24 oz, and 6 mature plants/18 immature seedlings, and state registration.
  • **Conditional discharge available. 

 

Sale, Cultivation or Manufacture

  • Gift of less than 5 g misdemeanor none $500 - $1,000
  • Gift of 5g to 1 oz class A misdemeanor 1 year $5,000
  • Any amount class B felony 10 years $100,000
  • To a minor at least 3 years younger than seller, or within 1,000 feet of a school felony 20 years $300,000
  • Any manufacture felony 20 years $300,000
  • Miscellaneous (incl. paraphernalia)
  • Paraphernalia sale misdemeanor 1 year $5,000
  • All marijuana convictions result in a six month drivers license suspension, unless the court finds reason not to suspend driving privileges.


Details

Possession of less than one ounce of marijuana is punishable by a fine of $500 - $1,000. Possession of one ounce or more is punishable by up to 10 years in prison. Conditional discharge is possible for possession offenses. Possession of greater than 110 grams is considered a commercial drug offense and penalties are substantially greater, depending on the prior record of the offender.

Delivery of less than five grams, for no remuneration, is punishable by a fine of $500 - $1,000. Delivery for no remuneration of less than one ounce is punishable by up to one year in jail and a fine of up to $5,000. Any sale of marijuana is punishable by up to 10 years in prison and a fine of up to $100,000.

Possession of 24 ounces or less or cultivation of 24 plants or less is lawful for any person who possesses a registry identification card indicating that the person is a patient who uses marijuana for medicinal purposes. This is an affirmative defense to any charges of possession or cultivation within the amount limits.

If you are over 17-years-old and deliver any amount of marijuana to a minor who is at least three years younger than you (whether or not you receive something for it), you committed a class A felony punishable by a maximum sentence of 20 years and a $100,000 fine.

Any sale to a minor, at least three years younger than the offender, or any sale within 1,000 feet of a school is punishable by up to 20 years in prison and a fine of up to $300,000.

Manufacturing any amount of marijuana is a very serious offense. 'Manufacturing' means growing even one plant and packaging, repackaging, labeling or relabeling marijuana. Manufacturing marijuana is a class A felony punishable by a maximum sentence of 20 years in prison and a $100,000 fine.

Knowingly maintaining, visiting or even staying at a place where people are using, storing, or selling marijuana is a class A misdemeanor punishable by up to a year in jail and a $5,000 fine. However, if the amount of marijuana is one ounce or less, and it is just kept or used on the premises, the fine is $100 and not a criminal conviction.
Any manufacture of marijuana is punishable by up to 20 years in prison and a fine of up to $300,000.

Sale of paraphernalia is punishable by up to one year in jail and a fine of up to $5,000.

A conviction for manufacturing, possessing or delivering marijuana, or for driving under the influence of marijuana, will result in a six month drivers license suspension, unless the court finds compelling circumstances not to order the suspension of driving privileges.

Senate Bill 1085, which takes effect on January 1, 2006, raises the quantity of cannabis that authorized patients may possess from seven plants (with no more than three mature) and three ounces of cannabis to six mature cannabis plants, 18 immature seedlings, and 24 ounces of usable cannabis. However, those state-qualified patients who possess cannabis in amounts exceeding the new state guidelines will no longer retain the ability to argue an "affirmative defense" of medical necessity at trial. Patients who fail to register with the state, but who possess medical cannabis in amounts compliant with state law, still retain the ability to raise an "affirmative defense" at trial.

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