Oregon Cannabis Law

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A Guide to Oregon Cannabis Laws

How much cannabis can I keep on my person when I’m out in public?

As of February 2022, Oregon has yet to update their guidelines on recreational user possession limits to reflect the new purchase limit. It’s safe to assume that you can still only possess up to one ounce on you at a time in public spaces. It’s best to be on the safer side and try not be out and about with more than an ounce until an official update has been released.

Is it legal for me to drive after consuming cannabis products? I am still a competent driver while I’m high?

  • Driving under the influence of cannabis is not only illegal but also not cool. Being high and deciding to drive can land you a DUI, which leads to fines well over $1,000 and even jail time. The CDC has also found that cannabis use negatively affects reaction time and coordination, and can become dangerous when behind the wheel. Don’t put yourself or others in danger; take the bus or grab a lift. Seriously. Don’t drive high.

I’m traveling down to California. Can I bring some Oregon paraphernalia and products with me?

  • No, you cannot legally bring cannabis from Oregon to another state even if cannabis is legal in that state. So smoke it all before crossing state lines—even Washington and California.

Where can I smoke?

  • The rule of thumb is you can smoke on private property but not in public places. So locations such as parks, bars and concerts are all places you can get into serious trouble for consuming cannabis. In these sorts of environments, it is best to use common sense and avoid situations where you are consuming marjuana around people who may not consent. The best place to consume is at home or at a friend’s place where you are on private property.

What if I rent my home?

  • This is up to your landlord, they reserve the right to make up the rules on their own property within reason. The most common issue is if you are smoking in a rented unit, most often landlords will provide information on their smoking policy in your lease. You may have to find other ways of consuming cannabis in your home based around the policies you and your landlord have agreed to.

What is the legal age to use recreational marijuana?

  • You can possess, use and buy recreational marijuana if you are 21 and older. If you are younger, it’s illegal.
  • Recreational users of legal age may purchase seeds, immature marijuana plants, cannabinoid products, and useable marijuana from licensed OLCC retailers. And are allowed 4 marijuana plants per household.
  • Recreational marijuana cannot be used in public, even by those of legal age.
  • Employers and landlords retain the right to restrict use, even by those of legal age:
    • Legalization did not affect employment law. Check with your employer regarding their rules and restrictions regarding marijuana use
    • Check with your landlord regarding their rules about using marijuana, growing marijuana, or making goods containing marijuana in their home or property.

How can I get recreational marijuana if I’m of legal age?

  • Adults 21 and older can purchase recreational marijuana from an OLCC-licensed retail establishments, share or give away recreational marijuana, or grow their own (up to 4 plants per household). But there are limits.

Purchasing limits for recreational users:

  • Recreational users of legal age may purchase seeds, immature marijuana plants, cannabinoid products, and useable marijuana from OLCC-licensed retailer. A retailer may not sell more than the following amounts to a customer at any one time or within one day:
    • 1 ounce usable marijuana (dried leaves and flowers)
    • 24 ounces of usable marijuana to OMMP cardholders and designated primary caregivers
    • 5 grams cannabinoid extracts or concentrates
    • 16 ounces cannabinoid product in solid form
    • 72 ounces cannabinoid product in liquid form
    • 10 marijuana seeds
    • 4 immature plants

Growing limits for recreational users:

  • If you’re 21 and older, you can grow up to 4 plants. (If you do not own your home, be sure to check with your landlord regarding their rules about using marijuana, growing marijuana, or making goods containing marijuana in their home or property.)

Gifting limits for recreational users:

  • Gifting of recreational marijuana to adults 21 and older is allowed, so long as the amount gifted falls within the personal possession limits and no financial consideration is associated with the transfer.
    • Financial consideration includes: cover charges, admission, donations, tip jars, raffles, fundraiser events, purchase required, barter or sales. It is considered the same as selling marijuana when money, goods or services are exchanged directly or indirectly for marijuana.
  • Gifting of extracts purchased from a licensed retailer is allowed, but not homemade extracts (as homemade extracts are not allowed under personal possession laws).

How much recreational marijuana may I possess if I’m of legal age?

  • There are limits to the amount of marijuana and marijuana products that adults 21 and older may possess at any one time.

PUBLIC possession limits for recreational users:

  • Recreational users of legal age may possess the following amount of marijuana and marijuana products while in public:
    • 1 ounce usable marijuana (dried leaves and flowers)
    • 1 ounce cannabinoid extracts or concentrates (must be purchased from a licensed marijuana retailer)
    • 16 ounces cannabinoid product in solid form
    • 72 ounces cannabinoid product in liquid form
    • 10 marijuana seeds; AND
    • 4 immature marijuana plants.

PRIVATE possession limits for recreational users:

  • Recreational users of legal age may possess the following amount of marijuana and marijuana products on private property:
    • 8 ounces usable marijuana (dried leaves and flowers)
    • 1 ounce cannabinoid extracts or concentrates (must be purchased from a licensed marijuana retailer)
    • 16 ounces cannabinoid product in solid form
    • 72 ounces cannabinoid product in liquid form
    • 10 marijuana seeds; AND
    • 4 marijuana plants

There are additional restrictions to consider:

  • Landlords possess the right to restrict the use and growth of marijuana on their property. Check with your landlord regarding their rules about using marijuana, growing marijuana, or making goods containing marijuana in their home or property.
    • The use, growing, transportation and possession of marijuana on federal property (including Forest Service, Bureau of Land Management and National Park Service land) remains prohibited.

Where can I use recreational marijuana?

  • Adults 21 and older can use recreational marijuana at home or on private property. You can’t use recreational marijuana in public places.
  • Public places are places to which the general public has access. This includes, but is not limited to: common areas in apartments and hotels; highways and streets; schools; parks and playgrounds; premises used for public passenger transportation (such as bus stops); and amusement parks.
  • A good rule of thumb: If someone outside of your home can see you, you’re probably in public.

Bars and restaurants

  • OLCC rules prohibit any marijuana consumption at a premise with a liquor license. Allowing marijuana use may put an establishment’s liquor license in jeopardy. In addition, smoking and vaping in most businesses is limited by the Indoor Clean Air Act.

Landlord-owned residences

  • Landlords possess the right to restrict the use and growth of marijuana on their property. Check with your landlord regarding their rules about using marijuana, growing marijuana, or making goods containing marijuana in their home or property.

Can I travel with recreational marijuana?

  • You can’t buy marijuana in another state and bring it into Oregon, nor can you take it from Oregon across state lines. That includes to and from Washington and California where recreational marijuana is also legal. Taking marijuana across state lines is a federal offense.

Driving within the state of Oregon:

  • If you are 21 or older, you may drive with marijuana in your vehicle within the legal possession limits.

Flying within the state of Oregon:

  • The Portland International Airport does allow airline passengers flying within the state to board with the legal public possession amount (1 ounce) of marijuana on them. However, smoking marijuana onboard the plane is strictly prohibited.
    • If the Transportation Security Administration (TSA) finds marijuana on a passenger, they’ll notify airport police, who will confirm that the passenger is not exceeding the 1 ounce legal limit for public possession, the passenger’s age, and the boarding pass destination to make sure they are flying to a destination within the state. Travelers who are traveling outside of the state will be asked to dispose of the marijuana before being allowed to carry on with their travel plans.

Still illegal on federal land:

  • The use, growing, transportation and possession of marijuana on federal property (including Forest Service, Bureau of Land Management and National Park Service land) is prohibited.

Tribal land is sovereign and rules may be different:

  • Federally recognized Indian Reservations possess the right to enter into agreements with the State of Oregon to grow and sell marijuana on their reservations, but they may also disallow possession and use on their sovereign land. Be sure to check local restrictions before traveling to or through Tribal land with marijuana.

Qualifying medical conditions

  • Cancer
  • Glaucoma
  • A degenerative or pervasive neurological condition
  • HIV/AIDS
  • Post-traumatic stress disorder (PTSD)
  • A medical condition or treatment for a medical condition that produces one or more of the following:
    • Cachexia (a weight-loss disease that can be caused by HIV or cancer)
    • Severe pain
    • Severe nausea
    • Seizures, including but not limited to seizures caused by epilepsy
    • Persistent muscle spasm, including but not limited to spasms caused by multiple sclerosis

Who may recommend medical marijuana

  • An attending provider who has the primary responsibility for the care and treatment of a person diagnosed with a debilitating medical condition may recommend medical marijuana. An attending provider is defined as:
    • Doctor of Medicine (MD) or Doctor of Osteopathy (DO), licensed under ORS chapter 677.
    • Physician Assistant licensed under ORS 677.505 to 677.525.
    • Nurse Practitioner licensed under ORS 678.375 to 678.390.
    • Clinical Nurse Specialist licensed under ORS 678.370 and 678.372.
    • Certified Registered Nurse Anesthetist as defined in ORS 678.245.
    • Naturopathic Physician licensed under ORS chapter 685.
  • “Primary responsibility” means that the attending provider has one of the following roles:
    • Provides primary health care for the patient.
    • Provides medical specialty care and treatment for the patient.
  • Is a consultant who has been asked to examine and treat the patient by the patient’s primary care physician licensed under ORS Chapter 677, the patient’s physician assistant licensed under ORS Chapter 677, or the patient’s nurse practitioner licensed under ORS Chapter 678.
  • The attending provider must also have reviewed a patient’s medical records at the patient’s request and conducted a thorough physical examination of the patient; provided or planned follow-up care; and documented these activities in the patient’s medical record.
  • An Attending Provider Statement (APS) form must be signed by the attending provider attesting that the patient has been diagnosed with a debilitating medical condition and that the medical use of marijuana may mitigate the symptoms or effect of the individual’s debilitating medical condition. As an alternate, the attending provider may supply the patient with relevant portions of the patient’s medical records containing the same information on the APS.
  • The patient is responsible for submitting the APS, or relevant medical records, with other required application documents, to the OMMP. The APS or relevant medical documents must be submitted within 90 days of the attending provider’s signature when a patient applies for the first time. When a patient is renewing with OMMP, application material must be submitted within 90 days of their registration card expiration dat and the APS must be signed within that 90-day period.

Oregon Cannabis Advertising and Marketing Guide

What signage must dispensaries display at their sites? Signage

  1. A licensee must post:
    • At every licensed premises signs that read:
      • “No Minors Permitted Anywhere on This Premises”; and
      • “No On-Site Consumption of Marijuana”; and
    • At all areas of ingress or egress to a limited access area a sign that reads: “Do Not Enter – Limited Access Area – Access Limited to Licensed Personnel and Escorted Visitors.”
  2. All signs required by this rule must be:
    • Legible, not less than 12 inches wide and 12 inches long, composed of letters not less than one-half inch in height;
    • In English and Spanish; and
    • Posted in a conspicuous location where the signs can be easily read by individuals on the licenses premises.
  3. A retailer must post in a prominent place signs at every:
    • Point of sale that read:
      • “No Minors Permitted Anywhere on the Premises”; and
      • “No On-Site Consumption”.
  4. Exit from the licensed premises that reads: “Marijuana or Marijuana Infused Products May Not Be Consumed In Public”

Point of Sale Signage

  • A registered dispensary that has notified the Oregon Health Authority that it is conducting retail sales must also post the following signs at the point of sale:
    • Pregnancy Warning Poster
    • Poisoning Prevention Poster
    • A color copy of the “Educate Before You Recreate” poster (Source: whatslegaloregon.com).

Marijuana Information Card

  • Distribute to each individual at the time of sale a Marijuana Information Card, prescribed by the Authority, measuring 3.5 inches high by 5 inches.

What are the restrictions in advertising your cannabis business?

Advertising is publicizing the trade name of a licensee together with words or symbols referring to marijuana or publicizing the brand name of marijuana or a marijuana product.

Marijuana advertising may not:

  • Contain statements that are deceptive, false, or misleading;
  • Contain any content that can reasonably be considered to target individuals under the age of 21;
  • Encourages the transportation of marijuana items across state lines;
  • Assert that marijuana items are safe because they are regulated by the Commission or have been tested by a certified laboratory or otherwise make claims that any government agency endorses or supports marijuana;
  • Make claims that recreational marijuana has curative or therapeutic effects;
  • Display consumption of marijuana items;
  • Contain material that encourages the use of marijuana because of its intoxicating effect;
  • Contain material that encourages excessive or rapid consumption.

Advertisements through print, billboard, television, radio and internet must contain the following statements (this does not apply to advertising on apparel):

  • Do not operate a vehicle or machinery under the influence of this drug
  • For use only by adults twenty-one years of age and older
  • Keep out reach of children

Oregon Cannabis Tax Guide

  • Adult-use: Purchases are subject to a 17% cannabis excise tax, as well as an additional 3% local municipal tax. There is no statewide sales tax in Oregon.
  • Medical marijuana: Purchases are not taxed.

https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/MEDICALMARIJUA NAPROGRAM/Pages/index.aspx

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