OREGON DRUG CRIMES GUIDE

OREGON MARIJUANA LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

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      ORS 475B.227 Prohibition against importing or exporting marijuana items. 

 

      (1) For purposes of this section:

      (a) “Export” includes placing a marijuana item in any mode of transportation for hire, such as luggage, mail or parcel delivery, even if the transportation of the marijuana item is intercepted prior to the marijuana item leaving this state.

      (b) "Marijuana item" includes industrial hemp products and commodities that contain more than 0.3 percent tetrahydrocnnabinol.

 

      (2) A person may not import marijuana items into this state or export marijuana items from this state.

 

      (3) Except as provided in subsection (4) of this section, a violation of this section is a Class B violation.

 

      (4) A violation of this section is a:

      (a) Class A misdemeanor, if the importation or exportation:

      (A) Is not for consideration and the person holds a license issued under ORS 475B.070, 475B.090, 475B.100 or 475B.105; or

      (B) Concerns an amount of marijuana items that exceeds the applicable maximum amount specified in ORS 475B.337 (1)(a) to (f).

      (b) Class C felony, if the importation or exportation:

      (A) Is for consideration and the person holds a license issued under ORS 475B.070, 475B.090, 475B.100 or 475B.105;

      (B) Concerns an amount of marijuana items that exceeds 16 times the applicable maximum amount specified in ORS 475B.337 (1)(a) to (f); or

      (C) Concerns a cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105. [Formerly 475B.185]

 

 

   ORS 475B.329 Prohibition regarding person who is visibly intoxicated; prohibition against allowing consumption of marijuana by person under 21 years of age on private property; penalty. 

 

     (1) A person may not sell, give or otherwise make available a marijuana item to a person who is visibly intoxicated.

 

      (2)(a) A person who exercises control over private real property may not knowingly allow a person under 21 years of age to consume a marijuana item on the property, or allow another person under 21 years of age to remain on the property if the person under 21 years of age consumes a marijuana item on the property.

      (b) This subsection:

      (A) Applies only to a person who is present and in control of the location at the time the consumption occurs; and

      (B) Does not apply to the owner of rental property, or the agent of an owner of rental property, unless the consumption occurs in the individual housing unit in which the owner or agent resides.

 

      (3) Violation of this section is a Class A misdemeanor. [Formerly 475B.270]

 

   ORS 475B.333 Prohibition against giving marijuana item as prize; penalty. 

 

     (1) A marijuana item may not be given as a prize, premium or consideration for a lottery, contest, game of chance, game of skill or competition of any kind.

      (2) Violation of this section is a Class A misdemeanor. [Formerly 475B.275]

 

    ORS 475B.337 Unlawful possession by person 21 years of age or older. 

 

     (1) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 to 475B.545 and any rule adopted under ORS 475B.010 to 475B.545, it is unlawful for any person 21 years of age or older to possess, knowingly or intentionally:

      (a) An amount of marijuana plants in excess of the amount allowed under ORS 475B.301 (1).

      (b) More than one ounce of usable marijuana in a public place.

      (c) More than eight ounces of usable marijuana.

      (d) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates.

      (e) More than 72 ounces of cannabinoid products in liquid form.

      (f) More than one ounce of cannabinoid extracts.

      (g) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105.

 

      (2) Except as provided in subsection (3) of this section, unlawful possession of a marijuana item is a Class A misdemeanor.

 

      (3) Unlawful possession of a marijuana item is:

      (a) A Class B violation, if the amount possessed is not more than two times the applicable maximum amount specified in subsection (1)(a) to (f) of this section.

      (b) A Class B misdemeanor, if the amount possessed is more than two times, but not more than four times, the applicable maximum amount specified in subsection (1)(a) to (f) of this section.

      (c) A Class C felony, if the amount possessed is:

      (A) More than 16 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this subsection;

      (B) More than eight pounds of usable marijuana in a public place; or

      (C) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105. [2017 c.21 §3]

 

   ORS 475B.341 Unlawful possession by person under 21 years of age. 

 

     (1) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 to 475B.545 and any rule adopted under ORS 475B.010 to 475B.545, it is unlawful for any person under 21 years of age to possess, knowingly or intentionally:

      (a) An amount of marijuana plants in excess of the amount allowed under ORS 475B.301 (1).

      (b) More than one ounce of usable marijuana in a public place.

      (c) More than eight ounces of usable marijuana.

      (d) More than 16 ounces of cannabinoid products in solid form or cannabinoid concentrates.

      (e) More than 72 ounces of cannabinoid products in liquid form.

      (f) More than one ounce of cannabinoid extracts.

      (g) A cannabinoid extract that was not purchased from a marijuana retailer that holds a license under ORS 475B.105.

 

      (2) Except as provided in subsection (3) of this section, unlawful possession of a marijuana item by a person under 21 years of age is a Class A misdemeanor.

 

      (3) Unlawful possession of a marijuana item by a person under 21 years of age is a Class C felony, if the amount possessed is:

      (a) More than 16 times the applicable maximum amount specified in subsection (1)(a), (c), (d), (e) or (f) of this subsection;

      (b) More than eight pounds of usable marijuana in a public place; or

      (c) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105. [2017 c.21 §4]

 

   ORS 475B.346 Unlawful delivery of marijuana item. 

 

     (1) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 to 475B.545 and any rule adopted under ORS 475B.010 to 475B.545, and except for a person acting within the scope of and in compliance with ORS 475B.301, it is unlawful for any person to deliver a marijuana item.

 

      (2) Except as provided in subsection (3) of this section, unlawful delivery of a marijuana item is a Class A misdemeanor.

 

      (3) Unlawful delivery of a marijuana item is:

      (a) A Class B misdemeanor, if a person 21 years of age or older unlawfully delivers usable marijuana, for no consideration, to a person 21 years of age or older, and the total amount of usable marijuana delivered is not more than twice the amount described in ORS 475B.301 (7).

      (b) A Class C felony, if:

      (A) The delivery involves:

      (i) More than 16 times the applicable maximum amount specified in ORS 475B.337 (1)(a), (c), (d), (e) or (f);

      (ii) More than eight pounds of usable marijuana in a public place; or

      (iii) More than one-quarter ounce of cannabinoid extract that was not purchased from a marijuana retailer that holds a license issued under ORS 475B.105.

      (B) The marijuana item is delivered to a person under 21 years of age, unless the person delivering the marijuana item is under 24 years of age at the time of the delivery and delivers not more than one ounce of usable marijuana, for no consideration, to a person who is 16 years of age or older. [2017 c.21 §5]

 

   ORS 475B.349 Unlawful manufacture of marijuana item. 

 

     (1) Except for licensees and licensee representatives acting in accordance with ORS 475B.010 to 475B.545 and any rule adopted under ORS 475B.010 to 475B.545, and except for a person acting within the scope of and in compliance with ORS 475B.301, it is unlawful for any person to manufacture a marijuana item.

 

      (2) Except as provided in subsection (3) of this section, unlawful manufacture of a marijuana item is a Class A misdemeanor.

 

      (3) Unlawful manufacture of a marijuana item is:

      (a) A Class B misdemeanor, if a person 21 years of age or older unlawfully manufactures homegrown marijuana at a household and the total number of homegrown marijuana plants at the household exceeds four marijuana plants but does not exceed eight marijuana plants.

      (b) A Class C felony, if:

      (A) A person unlawfully manufactures marijuana and the total number of marijuana plants exceeds 12 marijuana plants; or

      (B) A person unlawfully manufactures a cannabinoid product or a cannabinoid concentrate and the total amount of cannabinoid products or the total amount of cannabinoid concentrates exceeds twice the applicable maximum amount specified in ORS 475B.337 (1)(d), (e) or (f).

      (c) A Class B felony, if a person unlawfully manufactures a cannabinoid extract. [2017 c.21 §6]

 



"I defend and help people facing drug charges in the Portland metro area. 
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Twenty nine years as an Oregon attorney
Former Multnomah County prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
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