In 2005, Oregon created the current medical card program and allowed the patient to reimburse their growers for certain growing expenses. They also increased the allowable limit to 24 ounces of usable cannabis and six plants. In 2012, Oregon created a medical registry system which permitted medical marijuana dispensaries by state-issued license.
The OLCC is designated to oversee and regulate recreational cannabis businesses. The OLCC has the responsibility to issue and monitor six types of licenses. They also have the authority suspend or revoke these licenses for noncompliance with state law or OLCC rules.
Prior to 1935, cannabis was legal in Oregon. In 1935 Oregon adopted the Uniform State Narcotic Drug Act. This Act made the possession, production, and distribution of any narcotic a crime. The Uniform State Narcotic Drug Act is the precursor to the Controlled Substances Act.
Oregon is one of the few states that currently allows for personal cultivation of cannabis. A household can grow up to a total of 4 plants on their private property. The 4 plant limit is a household limit regardless of the number of adults living in the household. OMMP cardholders can have 6 mature plants, 12 immature plants 24 inches or taller. and 36 immature plants under 24 inches.
The private sale of cannabis and its byproducts is illegal throughout the state, and 95 cities and counties that prohibit the sale of marijuana from licensed marijuana retailers. The full list can be found on the OLCC website at: https://www.oregon.gov/olcc/marijuana/Documents/Cities_Counties_RMJOptOut.pdf.
Industrial Hemp Regulations.
If you choose to use, make sure to allow enough time for the effect to completely wear off before you drive.
Under federal law, it is illegal to possess or consume cannabis and this restriction specifically applies to all federal property. This is an important restriction because the federal government owns more than 50% of the land in Oregon. Examples of federal property in Oregon include federal buildings, national parks, national forests, wildlife areas, and BLM lands.
The OMMP program is currently in severe decline. In the past year, the number of medical patients has dropped approximately by half and there only 5 OMMP licensed dispensaries, down from about 400 at the peak of the medical program.
Plants can be grown inside or outside; if grown outside, the plants must be out of public view. Some cities or counties restrict the sale of recreational marijuana, but this restriction does not limit household growing. Homegrown cannabis is for personal consumption only and cannot be sold or given to someone in exchange for something of value.
The ability to grow your own cannabis plants is not absolute: If you are leasing your home, the landlord can restrict the property from being used in the cultivation of cannabis. Federal law prohibits growing the plant within 1,000 feet of a school, even if it is on private property. While growing at home is legal, processing the plant into a concentrate without a state-compliant facility is illegal and could be dangerous.
Measure 91 (M91) allows any individual over the age of 21 to grow, purchase, and possess cannabis in limited quantities. There is no residency requirement to purchase, possess, or use marijuana, nor are non-residents prohibited from owning and operating OLCC licensed cannabis businesses. Public consumption remains illegal, though the Oregon State legislature will be considering public consumption during the 2019 legislative session.
* Medical patients have access to medical grade products if available.
Purchase limits for recreational user:
The OLCC provides strict regulatory oversight by means of scheduled visits, surprise inspections, and third-party complaints to trigger investigations. The OLCC has authority to issue violations with sanctions including fines, license suspension, or license revocation.
Oregon has strict laws regarding driving under the influence of an intoxicant, DUII (Driving Under the Influence of Intoxicants, also known as a DUI). Oregon DUII laws are applied in the same manner with alcohol or marijuana–both are considered intoxicants. For a first offence DUII, a diversion program may be available if the offender was not involved in an accident. This program allows the offender to complete a substance abuse program and be on probation for a period of time. If he successfully completes the diversion program, the DUII charge is dropped and the person will not have a DUII conviction on their record. If it is a second offence, or the offender is not eligible for the diversion program, there is a mandatory minimum jail sentence of 2 days plus substantial fines and the offender must complete a substance abuse program. It is also illegal to consume marijuana in a vehicle even if you are not impaired, similar to open container laws.
Which Cities and Counties Prohibit Cannabis Sales?
The Oregon Medicinal Marijuana Program (OMMP) is administered by the OHA. The OHA licenses and regulates medical cannabis growers, processors, and dispensaries. Cannabis grown or processed under the OMMP program can only be sold to OMMP patients. There are certain exceptions that allow growers and processors to sell products to a recreational licensed facility.
In 2014, Oregon became the third state to legalize the personal use of cannabis, under ballot measure 91. While it would take another few months for Oregon’s recreational marijuana program to fully take effect, under emergency legislation, medical dispensaries were permitted to sell medical cannabis to recreational customer beginning October 1, 2015.
Industrial hemp is defined as the plant Cannabis Sativa with a THC level of less than 0.3%. Industrial hemp in Oregon is regulated by the Oregon Department of Agriculture (the ODA). The ODA issues two type of permits: 1) a grower permit and; 2) a handler permit. These permits are substantially easier and cheaper to obtain as compared to OLCC licenses, and there are much fewer restrictions. If the samples exceed the THC limit, the product must be destroyed. Similarly, processed hemp is required to be tested for THC levels prior to sale. Once the processed hemp is sold by a processor it is considered an agricultural commodity and is not further regulated by the ODA.
A person must be 21 years old, with proper identification, or 18 years old with a medical marijuana program card to purchase, possess or consume cannabis products in Oregon. An individual must also be 21 or older to enter into any licensed hemp or cannabis facility, with very limited exceptions. Proper identification includes a passport, driver’s license, military ID card, or any other state issued identification that includes a person’s name, picture, physical description, and date of birth.
In 1973, Oregon became the first US State to decriminalize small amounts of cannabis for personal use. It was still a crime possess over an ounce or to sell cannabis.
The OLCC oversees six license types; producer, processor, wholesaler, retailer, laboratory, and research licenses. Once products get into the OLCC system, they can only be transferred between OLCC licensed facilities, until they are sold to the end user by a retailer or destroyed, and must be recorded in the Cannabis Tracking System, METRC, which provides seed-to-sale tracking. OLCC rules limit how product can flow between license types and licensees.
The OLCC has regulatory authority of all aspects of the recreational cannabis market, including:
OLCC and the Cannabis Industry in Oregon.
In 1998, Oregon approved its use for individuals for certain qualifying medical conditions. Medically qualified patients could possess up to three mature cannabis plants or could contract for someone to grow them on their behalf.
The Controlled Substances Act (CSA) does not differentiate industrial hemp from recreational cannabis, so hemp and marijuana are treated the same: both are illegal. The CSA does have an exemption for dried mature stalks and sterilized seeds, but there is no economically significant amount of CBD in these parts of the plant, so they are only good for rope and ship sails. This inconsistency in federal law creates confusion and a potential problem for exporting CBD oil out of Oregon or the country. Congress recognizes this issue and the Senate’s version of the 2018 Farm Bill would fix the problem by legalizing industrial hemp. As of this writing, the House version of the bill does not include hemp legalization, but the hemp legalization portion of the Senate’s version, backed strongly by Mitch McConnell and other senate republicans, is widely expected to be passed in the final version of the bill. In addition, the omnibus spending bill they included a provision that prohibits the Department of Justice from using budgetary funds from prosecuting industrial hemp activities conducted in compliance with state industrial hemp pilot programs developed under the 2014 Farm Bill.
It is legal to carry these products throughout the state , including in a vehicle or on public transportation, unless it otherwise precluded by such areas as federal land within the state. It is also perfectly legal to carry marijuana on commercial airlines traveling between Klamath Falls and Portland. Transporting across state lines is illegal, even if you are transporting it to a state that has also legalized marijuana such as California or Washington. Just remember: Oregon marijuana must stay in Oregon.
Because industrial hemp and cannabis are the same plant species, there is naturally confusion under federal law. In 2014, Congress passed the 2014 Farm Bill which included provisions for industrial hemp. The Farm Bill defines hemp in the same way as Oregon and allows states to grow industrial hemp for experimental purposes under the supervision of a university or a state department of agriculture. Oregon’s industrial hemp program was created under the 2014 Farm Bill.
Purchase limits for OMMP cardholders:
The following are amounts of recreational cannabis products that can be purchased by any person over 21 with proper identification in any single day. There is no Oregon residency requirement for cannabis sales, but all cannabis products sold in Oregon must be consumed in Oregon.
While Oregon has legalized the recreational use of cannabis, there are limits to what is allowed. Below is a sample of what remains illegal in Oregon:
To become an OMMP patient, an individual must be at least 18 years old and have a qualifying condition and a recommendation for using medicinal canabis from their attending physician. OMMP patients are issued medical cards that allow them to purchase cannabis from a medical marijuana dispensary. They can also purchase medical or recreational cannabis tax-free from a recreational cannabis retailer.
Because marijuana is legal for both medical and adult-use in Oregon there are no requirements to recreationally grow cannabis for yourself at home, staying within the laws.
To obtain a medical marijuana grow license in Oregon, a patient or caregiver must provide the Oregon Medical Marijuana Program (OMMP)[efn_note]Oregon Medical Marijuana Program, 2020[/efn_note] the name and address of the grower. Once approved by the state a patient or caregiver can grow 6 mature plants and 12 immature plants. Curious about plant limitations? Read Oregon’s Plant Limits Chart[efn_note]Oregeon Health Authority, OMMP Plant Limits, 2020[/efn_note]. If you are growing cannabis for a patient in the state of Oregon and are a renter, you must still be approved through your landlord as well. A grower must be 21 or older and cannot grow for more than 8 patients at a time. To better understand your limits as a patient or caregiver read Oregon’s Reporting and Tracking Requirements[efn_note]Oregon Health Authority, Reporting and Tracking Requirements for Medical Marijuana Growers, 2020[/efn_note].
The journey of cannabis in the pioneer state Oregon begins in the 1970s when it was the first state to decriminalize possession of small amounts of cannabis in 1973. In 1998 on Ballot Measure 67 the state legalized medical marijuana. As of 2014, adult-use and possession of cannabis became legal to sell to individuals 21 and older. Because cannabis is legal in Oregon marijuana grow licenses have been allowed medicinally and recreationally. Zoned Properties is going to give you the information you need to properly, legally, and safely grow your cannabis.
If you are growing cannabis recreationally then you won’t need to obtain a marijuana grow license. It is legal to grow cannabis in your own home; however, you must receive permission from the landlord if you are a renter. It is important to keep all plants out of the view of the public eye. If you are 21 or older you can grow up to four plants per household. If you are caught growing more than 4 plants the consequences can include prison and a fine up to $125,000. Keep in mind distance from schools and religious institutions if and when growing cannabis.
Laws are ever-evolving in the state of Oregon to help better the cannabis industry, so it’s important to understand what can and cannot harm you when growing cannabis. Because marijuana is legal for both medical and adult-use in Oregon there are no requirements to recreationally grow cannabis for yourself at home. However, if you are a patient growing for yourself, or a caregiver growing for others it’s important to follow all requirements and receive your permits through the Oregon Medical Marijuana Program (OMMP)[efn_note]Oregon Medical Marijuana Program, 2020[/efn_note].
Recreational growing is allowed for adults over the age of 21. However, there are strict laws and requirements to follow to grow cannabis legally. A person can either be a designated grower for a patient or grow in their own home on private property.
Oregon has been a pioneer in the cannabis industry for businesses and people alike. It’s crucial to stay on top of the ever-changing laws in Oregon for your health and safety. Although Zoned Properties has broken down how to obtain a marijuana grow license for both medical and adult-use the requirements, fines, and distance from schools can change over time. If you are looking for more information on how to obtain a marijuana grow license in Oregon review the OMMP website[efn_note]Oregon Health Authority, Oregon Medical Marijuana Program, 2020[/efn_note].
What is a Marijuana Grow License?
Opponents say the proposed law will drive growers who are denied licenses into the illegal market, if they’re not there already.
The legislation could be a lifeline to some cannabis businesses that are being squeezed by market forces.
Supply is running twice as high as demand, meaning that the surplus from last year’s harvest alone could amount to roughly 2.3 million pounds of marijuana, by the liquor commission’s figures. That’s the equivalent of over 1 billion joints.
Five years after voters legalized recreational marijuana, lawmakers have given the Oregon Liquor Control Commission more leeway to deny new pot-growing licenses based on supply and demand.
“We’re a very young industry,” said Margo Lucas, a marijuana grower and vendor in the Willamette Valley who is hoping the measure will give her business breathing room.
Officials worry that some license holders will become so desperate they will divert their product into the black market rather than see it go unsold.
To prevent excess pot that is still in leaf form from spoiling, processors are converting some into concentrates and edible products, which have longer shelf life, OLLC spokesman Mark Pettinger said.
U.S. Justice Department officials have said they won’t interfere in states’ legal marijuana businesses as long as the pot isn’t smuggled into other states and other standards are met. Oregon officials want to let federal authorities know they’re doing everything they can to accomplish that.
“The harsh reality is we have too much product on the market,” said Democratic Gov. Kate Brown, who intends to sign the bill.
Now, the state is planning to curb production.
“So when we go out of business, we’re going to go down hard,” Lucas said. “Many of us will lose our homes. . You’re going to have a lot of entrepreneurs in this state that are pretty unhappy with the way that this ends if we don’t get some support with this bill.”
Oregon has one of the highest such imbalances among the 10 states that have legalized recreational marijuana since 2012, in part because it had a big head start in the weed business.
The bill passed in Oregon’s House late Thursday in a 39-18 vote after it was approved earlier in the Senate. It is aimed not just at reducing the huge surplus but also at preventing diversion of unsold legal marijuana into the black market and forestalling a crackdown by federal prosecutors.
They are now all cultivating weed in a multitude of fields, greenhouses and converted factories, with 1,123 active producer licenses issued by the OLLC over the past three years.
The bill to curtail production could “keep the feds off our back,” Rob Bovett, legal counsel for the Association of Oregon Counties, told lawmakers.
“This current track seems like a giant step backwards toward prohibition, which has always been a disaster,” Blake Runckel, of Portland, told lawmakers in written testimony.
She noted that growers can’t seek federal bankruptcy protection — pot is still illegal under federal law, and banks avoid the industry — and that many owners have taken out personal loans to finance their businesses.
As of January, Oregon’s recreational pot market had an estimated 6½ years’ worth of supply, according to an OLCC study .
The longer-term hope is that the federal government will allow interstate commerce of marijuana, which would provide a major outlet for Oregon’s renowned cannabis.
With its moist climate and rich soil, Oregon has a long history of pot growing. When it became legal, many outlaw growers went legitimate, and others jumped into the business, too.
Oregon puts no cap on the number of licenses that can be issued. Last June, the OLCC stopped accepting applications so it could process a monthslong backlog. But under current law, it has no specific authority to say no to otherwise qualified applicants, Pettinger said.
SALEM, Ore. (AP) — Oregon is awash in pot, glutted with so much legal weed that if growing were to stop today, it could take more than six years by one estimate to smoke or eat it all.
Retail prices in Oregon for legal pot have plummeted from more than $10 per gram in October 2016 to less than $5 last December. At the same time, smaller marijuana businesses are feeling competition from bigger, richer players, some from out of state.
“We will kind of be like what bourbon is to Kentucky,” said state Sen. Floyd Prozanski.