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.
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.
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.
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.
Industrial Hemp Regulations
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 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.
Purchase limits for recreational user:
OLCC and the Cannabis Industry 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.
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
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].
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.
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.
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.
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.
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].
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].
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.
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 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.
As of January, Oregon’s recreational pot market had an estimated 6½ years’ worth of supply, according to an OLCC study .
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.
“The harsh reality is we have too much product on the market,” said Democratic Gov. Kate Brown, who intends to sign the bill.
The bill to curtail production could “keep the feds off our back,” Rob Bovett, legal counsel for the Association of Oregon Counties, told lawmakers.
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.
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.