OREGON DRUG CRIMES GUIDE

OREGON MARIJUANA LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 - 2022

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      475C.229 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 an industrial hemp commodity or product that exceeds the greater of:

      (A) A concentration of 0.3 percent total delta-9-tetrahydrocannabinol; or

      (B) The concentration of total delta-9-tetrahydrocannabinol allowed under federal law.

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

    (3) A violation of this section is a Class B violation, except:

      (a) As provided in subsection (4) of this section; or

      (b) If the item is industrial hemp and does not exceed a total delta-9-tetrahydrocannabinol concentration of one percent.

    (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 475C.065, 475C.085, 475C.093 or 475C.097; or

      (B) Concerns an amount of marijuana items that exceeds the applicable maximum amount specified in ORS 475C.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 475C.065, 475C.085, 475C.093 or 475C.097;

      (B) Concerns an amount of marijuana items that exceeds 16 times the applicable maximum amount specified in ORS 475C.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 475C.097. [Formerly 475B.227]

 

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

    (1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, it is unlawful for any person 21 years of age or older to possess, knowingly or intentionally:

      (a) An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under ORS 475C.305 (1).

      (b) More than two ounces 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 475C.097.

   (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 475C.097. [Formerly 475B.337]

 

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

    (1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, it is unlawful for any person under 21 years of age to possess, knowingly or intentionally:

      (a) An amount of plants in the genus Cannabis within the plant family Cannabaceae in excess of the amount allowed under ORS 475C.305 (1).

      (b) More than two ounces 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 475C.097.

   (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 475C.097. [Formerly 475B.341]

 

      ORS 475C.345 Unlawful delivery of marijuana item. 

    (1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS 475C.305, 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 475C.305 (7).

      (b) A Class C felony, if:

      (A) The delivery involves:

      (i) More than 16 times the applicable maximum amount specified in ORS 475C.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 475C.097.

      (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. [Formerly 475B.346]

 

      ORS 475C.349 Unlawful manufacture of marijuana item. 

    (1) Except for licensees and licensee representatives acting in accordance with ORS 475C.005 to 475C.525 and any rule adopted under ORS 475C.005 to 475C.525, and except for a person acting within the scope of and in compliance with ORS 475C.305, 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 plants in the genus Cannabis within the plant family Cannabaceae at the household exceeds four plants but does not exceed eight plants.

      (b) A Class C felony, if:

      (A) A person unlawfully manufactures marijuana and the total number of plants in the genus Cannabis within the plant family Cannabaceae exceeds 12 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 475C.337 (1)(d), (e) or (f).

      (c) A Class B felony, if a person unlawfully manufactures a cannabinoid extract. [Formerly 475B.349]

 

      ORS 475C.353 Classification of felony under ORS 475C.337, 475C.341, 475C.345 and 475C.349. 

    (1) Except as provided in subsection (3) of this section, a felony under ORS 475C.337 or 475C.341 shall be classified as crime category 1 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

    (2) Except as provided in subsection (3) of this section, a felony under ORS 475C.345 or 475C.349 shall be classified as crime category 4 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

    (3) Subject to subsection (4) of this section, a felony under ORS 475C.337, 475C.341, 475C.345 or 475C.349 shall be classified as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission if the violation is a commercial marijuana offense. A violation is a commercial marijuana offense for purposes of this subsection if the violation was committed in conjunction with at least three of the following factors:

      (a) The offender delivered a marijuana item for consideration;

      (b) The offender was in possession of $300 or more in cash;

      (c) The offender was unlawfully in possession of a firearm or other weapon as described in ORS 166.270 (2), the offender used, attempted to use or threatened to use a deadly weapon or dangerous weapon, as those terms are defined in ORS 161.015, or the offender was in possession of a firearm or other deadly weapon or dangerous weapon for the purpose of using the deadly weapon or dangerous weapon;

      (d) The offender was in possession of materials being used for the packaging of marijuana items, such as scales, wrapping or foil, other than a material used to contain the marijuana item that is the subject of the violation;

      (e) The offender was in possession of marijuana item transaction records or customer lists;

      (f) The offender was in possession of stolen property;

      (g) The offender was in possession of manufacturing paraphernalia specifically designed for producing marijuana, such as recipes, precursor chemicals, laboratory equipment, lighting equipment, ventilating equipment or power generation equipment;

      (h) The offender modified structures by painting, wiring, plumbing or lighting the structures to facilitate the offense;

      (i) The offender used public lands to manufacture the marijuana item; or

      (j) The offender constructed fortifications or took security measures that had the potential to injure persons.

   (4) To prove that a violation is a commercial marijuana offense for purposes of subsection (3) of this section, the state must plead in the accusatory instrument at least three of the factors described in subsection (3) of this section. The state has the burden of proving each factor beyond a reasonable doubt. [Formerly 475B.354]

 

      ORS 475C.357 Arson incident to manufacture of cannabinoid extract in first degree.

    (1) As used in this section:

      (a) “Property” has the meaning given that term in ORS 164.005.

      (b) “Property of another” and “protected property” have the meanings given those terms in ORS 164.305.

   (2) A person commits the crime of arson incident to manufacture of a cannabinoid extract in the first degree if, by knowingly engaging in the manufacture of a cannabinoid extract, the person causes a fire or causes an explosion that damages:

      (a) The protected property of another person;

      (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or the protected property of another person in danger of damage; or

      (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

   (3) Arson incident to manufacture of a cannabinoid extract in the first degree is a Class A felony.

   (4) This section does not apply to a licensee that is authorized under the laws of this state to engage in the manufacture of cannabinoid extracts. [Formerly 475B.359]

 

      ORS 475C.361 Arson incident to manufacture of cannabinoid extract in second degree. 

    (1) As used in this section:

      (a) “Property” has the meaning given that term in ORS 164.005.

      (b) “Property of another” and “protected property” have the meanings given those terms in ORS 164.305.

   (2) A person commits the crime of arson incident to manufacture of a cannabinoid extract in the second degree if, by knowingly engaging in the manufacture of a cannabinoid extract, the person causes a fire or causes an explosion that damages:

      (a) Any building of another person that is not protected property; or

      (b) The property of another, if the damages to the property exceed $750.

   (2) Arson incident to manufacture of a cannabinoid extract in the second degree is a Class C felony.

   (3) This section does not apply to a licensee that is authorized under the laws of this state to engage in the manufacture of cannabinoid extracts. [Formerly 475B.363]

 

      ORS 475C.365 Causing another person to ingest marijuana. 

    (1) As used in this section:

      (a) “Crime of violence” has the meaning given that term in ORS 475.908.

      (b)(A) “Ingest” means to consume or otherwise deliver a cannabinoid into the body of a person.

      (B) “Ingest” does not include the inhalation of smoke, aerosols or vapors created by smoking, aerosolizing or vaporizing a marijuana item.

   (2)(a) A person commits the offense of causing another person to ingest marijuana if the person knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person.

      (b) Causing another person to ingest marijuana is a Class B felony.

      (c) A violation of this subsection shall be classified as a person felony and crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

   (3)(a) Notwithstanding subsection (2) of this section, causing another person to ingest marijuana is a Class A felony if the person, with the intent of committing or facilitating a crime of violence against the other person, knowingly or intentionally causes the other person to ingest a marijuana item without the consent of the other person.

      (b) A violation of this subsection shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [Formerly 475B.367]

 

      ORS 475C.369 Administration to another person under 18 years of age. 

    (1) Except as authorized under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919 and rules adopted under ORS 475C.005 to 475C.525, 475C.540 to 475C.586, 475C.600 to 475C.648 and 475C.770 to 475C.919, it is unlawful for a person to intentionally administer a marijuana item to the body of another person who is under 18 years of age by inhalation, ingestion or any other means.

   (2) Intentionally administering a marijuana item to the body of a person who is under 18 years of age is a Class A felony.

   (3) A violation of this section shall be classified as a person felony and crime category 9 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

   (4) It is an affirmative defense to a charge of intentionally administering a marijuana item to the body of a person who is under 18 years of age if:

      (a) The person administering the marijuana item was less than three years older than the other person at the time of the administration, and the other person consented to the administration; or

      (b) The marijuana item was administered for a medical purpose with the consent of the person under 18 years of age, and the person under 18 years of age was a registry identification cardholder as defined in ORS 475C.777 at the time of the administration. [Formerly 475B.371]

 

 



About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, 20202021, and 2022.  His law practice has an A+ BBB rating.
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