b. The premises must not be vacant and there shall be an actual daily presence, use and occupancy of the premises by an owner, tenant, employee or agent thereof;
“Medical marijuana grower” means any person engaged in the cultivation, drying, production, processing, keeping or storage of medical marijuana in accordance with state law, and includes, but is not limited to, the meaning set out at OAR 333-008-0010(11) and (21).
“Housing unit” means a house; a mobile home; a manufactured home; and/or a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building and which have direct access from the outside of the building or through a common hall including an individual residential unit in an apartment, duplex, townhome, condominium, or senior living facility.
“Premises” means a household, medical marijuana grow site, homegrown marijuana grow site, and/or primary residence of a patient.
In the event of any conflict between the provisions of this chapter and the provisions of any other applicable state or local law, the more restrictive provision shall control. (Ord. 2007 §1(part), 2015).
a. The use must be conducted indoors;
“Medical marijuana” means the marijuana cultivated, dried, produced, processed, kept or stored for medicinal use in accordance with the OMMA.
“Marijuana” means all parts of the plant Cannabis family Moraceae, including, but not limited to, its dried leaves and flowers, and any marijuana products derived therefrom. The term includes any and all homegrown marijuana, medical marijuana and marijuana products as defined in this section.
“Homegrown marijuana grow site” means a location in which a person twenty-one years of age and older cultivates, dries, produces, processes, keeps or stores homegrown recreational marijuana in accordance with state law.
“Medical marijuana grow site” means a location registered pursuant to ORS 475.304 where medical marijuana is produced for use by a patient.
10. For purposes of this chapter, “a secure area” means an area within the primary residence or indoor structure accessible only to the patient or primary caregiver, or marijuana cultivator. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical or homegrown marijuana.
1. Such cultivation, production, processing, or possession of marijuana must be in full compliance with all applicable provisions of OMMA and M. 91;
A. Any household, housing unit, premises, property, building, structure or place of any kind where medical or homegrown marijuana is grown, processed, manufactured, bartered, distributed or given away in violation of state law or this chapter, or any place where medical or homegrown marijuana is kept or possessed for sale, barter, distribution or gift in violation of state law or this chapter, is a public nuisance per Chapter 8.04.
C. In addition to any remedies provided in Chapters 8.02 and 8.04, the city may institute an action in municipal or circuit court in the name of the city to abate, and to temporarily and permanently enjoin, such nuisance. The court has the right to make temporary and final orders as in other injunction proceedings. The city shall not be required to give bond in such an action. (Ord. 2007 §1(part), 2015).
3. The cultivation, production, processing, or possession of such marijuana must not be perceptible from the exterior of the household, housing unit, and/or indoor structure including but not limited to:
8.45.030 Homegrown and medical marijuana subject to regulation.
B. In addition to the foregoing, two or more violations in a thirty-day period may be deemed a chronic nuisance property subject to the provisions of Chapter 8.02.
c. Light pollution, glare, or brightness that disturbs the repose of another;
“Recreational marijuana homegrower” means a person twenty-one years of age and older engaged in the cultivation, drying, production, processing, keeping or storage of homegrown marijuana in accordance with state law. (Ord. 2007 §1(part), 2015).
“Indoors/indoor structure” means within a fully enclosed and secure structure that complies with the Oregon Residential Specialty Code (ORSC) or Oregon Structural Specialty Code (OSSC), as adopted by the city of Central Point, which has a complete roof enclosure supported by connecting walls extending from the foundation/slab to the roof. The structure must be secure against unauthorized entry, accessible only through one or more lockable doors, and constructed of solid materials that cannot easily be broken through, such as two-inch-by-four-inch or larger wood studs covered with three-eighth-inch or thicker weather-resistant siding or equivalent materials. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
“Marijuana cultivator” means a medical marijuana grower, recreational marijuana homegrower, patient, and any landlord or property owner allowing marijuana to be cultivated, dried, produced, processed, kept or stored at a premises.
In addition to treatment as a nuisance, all violations of this chapter are subject to punishment under the general penalty provisions in Chapter 1.16. Each day in which a violation continues shall constitute a separate violation. (Ord. 2007 §1(part), 2015).
8. Such cultivation, production, processing or possession of marijuana in a commercial or industrial structure located in a commercial or industrial zone shall meet the following requirements:
9. Such cultivation, production, processing or possession of marijuana in residential zones or in a housing unit shall meet the following requirements:
7. Disposal of any excess or unused marijuana, marijuana products, or other byproducts thereof shall meet any and all local and state requirements for disposal, and shall be disposed of in a secure fashion so as to avoid access by children, visitors, casual passersby, vandals or anyone not licensed or authorized to possess medical or homegrown marijuana;
Words and phrases used in Sections 8.45.010 to 8.45.070 shall have the following meanings ascribed to them:
The city council of the city of Central Point recognizes that citizens of the state of Oregon may engage in both recreational and medicinal use of marijuana in accordance with state law. However, the city council also recognizes that cultivating, drying, production, processing, keeping or storage of marijuana, without appropriate safeguards in place, can have a detrimental effect upon public safety and neighboring citizens. The city council finds and declares that the health, safety and welfare of its citizens are promoted by requiring marijuana cultivators engaged in recreational or medicinal cultivation, drying, production, processing, keeping or storage of marijuana to ensure that said marijuana is not accessible, visible or odor causing to other persons or property, or otherwise illegal under Oregon State law. (Ord. 2007 §1(part), 2015).
b. Unusual odors, smells, fragrances, or other olfactory stimulus;
“Homegrown marijuana” means any marijuana cultivated, dried, produced, processed, kept or stored for personal recreational use by a person twenty-one years of age or older in accordance with state law.
d. Undue vehicular or foot traffic, including excess parking within the residential zone; and.
6. Such cultivation, production, processing or possession of marijuana shall meet the requirements of all adopted water and sewer regulations promulgated by the city or any special district having jurisdiction;
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.
While it is legal to possess cannabis in almost any location in the state, the use/consumption of cannabis in Oregon is restricted to private property. Use includes smoking, vaping, eating, or drinking a cannabis product. Private property includes personal residences and may include temporary lodging such as hotels, provided that it is permitted by the property owner. However, public areas of a hotel or apartment complex include hallways, lobbies, or pools. There is no public consumption or consumption on property that is open to the public, such as such as streets, sidewalks, parks, bars or restaurants at the time of this publishing. It is being considered for the 2019 legislative session.
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.
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.
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 Regulations.
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.
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.
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.
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.
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:
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.
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.
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.
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.
Measure 91 establishes taxation rates based upon the sale volume of flowers, leaves, and plants. Subsequently, the taxation rate was changed to 17% for all sales, with an option for local city and county government to impose an additional 3%. Tax revenue from cannabis sales is distributed between the common school fund, mental health, alcoholism and drug services, cities and counties, law enforcement, and alcohol and drug prevention and treatment services.
Personal Growing Limits.
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.
Unlike alcohol, there is currently no breathalyzer test for the presence of thc in the blood, but police have drug recognition evaluators conduct tests to determine if a driver is impaired. If the tests suspect a driver is under the influence, Oregon implied consent laws allow police to conduct breath, blood, or urine tests to obtain evidence of drug use.
If you choose to use, make sure to allow enough time for the effect to completely wear off before you drive.
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.
Purchase limits for OMMP cardholders:
Purchase limits for recreational user:
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.
Illegal Acts Related to Cannabis.
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.
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.
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.
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 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.
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.
* Medical patients have access to medical grade products if available.
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.
Yes, A directory of state-licensed dispensaries is available online from Oregon.gov.
Yes, designated primary caregiver is the person that has significant responsibility for managing the well-being of a person who has been diagnosed with a debilitating medical condition. Primary caregiver does not include the patient’s physician. The caregiver must be 18 years of age or older. A patient may only have one primary caregiver.