Oregon is located in the beautiful Pacific Northwest, and is known for its diverse landscape throughout the state. It is home to rugged coastlines, lush forests, high deserts, volcanic lava flows, and towering mountains. The state is also known for its thriving agricultural industry and is a major producer of hazelnuts, berries, and wine. However, nowadays one of its booming agricultural crops is cannabis and any drive through the Highway 97 or I-5 corridor and you will likely pass a hemp or marijuana farm. As one of the most progressive states in the country, it’s no surprise that you can absolutely get high in the Beaver State.
Is Weed Legal in Oregon? Straight to the point.
- Recreational THC: Yes
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes, but only if marijuana-derived and sold in licensed dispensaries
Medical Weed Laws
Medical marijuana was legalized in Oregon in 1998 with the passing of Measure 67, also known as the Oregon Medical Marijuana Act. The measure allowed patients with certain medical conditions to possess and use marijuana with a physician’s recommendation.
The Oregon Health Authority (OHA) is responsible for overseeing the state’s medical marijuana program. In order to become a medical marijuana patient in Oregon, individuals must have a valid medical condition that is listed as a qualifying condition, and must obtain a written certification from a licensed physician.
The qualifying conditions for medical marijuana in Oregon include:
- Cancer
- Glaucoma
- Positive status for human immunodeficiency virus (HIV)
- Acquired immune deficiency syndrome (AIDS)
- Post-traumatic stress disorder (PTSD)
- Alzheimer’s disease
- A degenerative or pervasive neurological condition
- Cachexia (wasting syndrome)
- Severe pain
- Severe nausea
- Seizures, including those characteristic of epilepsy
- Persistent muscle spasms, including those characteristic of multiple sclerosis
To apply for a medical marijuana card, patients must first register with the OHA and submit a completed application along with the physician certification and a government-issued ID. Once the application is approved, patients will receive a registry ID card that is valid for one year under the Oregon Medical Marijuana Program (OMMP). Renewals require updated doctor’s notes and an annual fee.
As of 2021, Oregon had more than 200,000 registered medical marijuana patients, and over 1,200 licensed dispensaries, which are allowed to sell marijuana to both recreational and medical users. The state has a relatively low barrier of entry for patients, with relatively lenient qualifying conditions, allowing for more people to access medical marijuana.
Recreational Weed Laws
Oregon legalized recreational marijuana in 2014 with the passing of Measure 91. The measure was approved by 56% of voters, making Oregon the third state in the United States to legalize recreational marijuana, following Colorado and Washington.
Measure 91 allowed adults over the age of 21 to possess and use up to eight ounces of marijuana in their home and up to two ounces in public. Adults may also possess 16 ounces of cannabinoid products (in solid form or as concentrates), 72 ounces of liquid cannabinoid products, and one ounce of cannabinoid extracts.
Oregonians may also cultivate up to four plants for personal use. The measure also established a framework for the regulation and taxation of marijuana sales, with the Oregon Liquor Control Commission (OLCC) being responsible for overseeing the industry.
The campaign for Measure 91 was largely funded by the New Approach PAC, which received significant donations from a variety of individuals and organizations, including the Drug Policy Alliance and the Marijuana Policy Project.
The legalization of recreational marijuana in Oregon was notable for several reasons. Firstly, Oregon was the first state to legalize marijuana through a voter initiative rather than through the legislature. Additionally, Oregon’s legalization measure was among the most permissive in the country, allowing for a relatively high possession limit and home cultivation.
Is Weed Decriminalized in Oregon?
Oregon was the first state to decriminalize possession of marijuana in the United States, and in 2021 became the first state to decriminalize the possession of several other scheduled drugs.
Cannabinoid Variants
In addition to regulated cannabinoids found in marijuana dispensaries, many new alternative cannabinoids produced with hemp plants are paving the way for a legal high. These alt noids exist in a legal gray area thanks to the 2018 Farm Bill, and each state is taking a different approach to their legality. Here’s where Oregon stands.
Is CBD legal in Oregon?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is legal in Oregon.
Is Delta-8 legal in Oregon?
Delta-8 THC is a naturally occurring cannabinoid that shows up in very trace amounts in hemp and marijuana. It is easy to produce in a lab through hemp-derived CBD and offers a high similar to (though less potent) than Delta-9 THC. Therefore, plenty of online retailers sell these products.
Oregon has banned the sale of Delta-8 in brick and mortar retailers in Oregon, only allowing licensed dispensaries to carry Delta-8 products. However, Oregonians can technically still shop online for Delta-8 products.
Is Delta-10 legal in Oregon?
Delta-10 THC is very similar to Delta-8 and so falls under the same guidelines. It is not legal for sale in gas stations, convenience stores, smoke shops, or other places where alternative cannabinoids may be sold.
Are THC-O and other THC variants legal in Oregon?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Oregon?
HHC and HHC-O are relatively newer to the alternative cannabinoid market and Oregon has not specifically noted their legal status. However, it can be assumed that since they are artificially produced that they fall under the same guidelines as the other cannabinoid variants on this list.
Cultivation Laws
Medical marijuana patients may grow up to six plants for personal use at their homes. Patients and caregivers may also grow for other patients who are unable to do so for themselves, in the quantity of six plants per patient. However, if growing for another person, the grower must register with the state tracking system to report on their growsite, including total inventory and plant status each month.
Adults over 21 may grow a maximum of up to four plants per household regardless of how many adults live in the household. No licensing or reporting is required and the plants are for personal use only.
Those interested in growing cannabis for dispensaries must gain licensure through the Oregon Liquor Control Commission (OLCC), the governing bodies that oversee and regulate the recreational marijuana program. There are several tiers of producers licenses that encompass various canopy sizes, and indoor and outdoor grow sites. The application is intensive, and can take several months or longer to complete, let alone be approved.
Producing cannabis commercially is not very desirable in Oregon due to the flooding of the market and excessive number of grower licenses issued since legalization.
Where to Buy Weed in Oregon
Oregon has more dispensaries per capita than any state in the US. There are approximately 16.5 weed shops per 100,000 people, so you should have no problem getting high in the Beaver State.
Dispensaries
There are over 800 active dispensary licenses in Oregon, with several hundred more applications accepted. Adults over 21 can shop from an array of cannabis products, or order curbside pickup at many of them.
Delivery
Oregon does allow for cannabis delivery. Many dispensaries run their own delivery programs, while others partner with delivery services to get Oregonians their weed at home.
Direct to Consumer
Direct to consumer sales allow the customer to bypass dispensary channels and purchase directly from a brand. Currently, this trend has not picked up tremendously in Oregon, though delivery remains popular.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
General FAQ
Where can you smoke weed in Oregon?
You can only smoke weed in the privacy of your own residence in Oregon, or another private residence with permission. However, there are certain allowances for events where cannabis consumption is allowed. The catch is that they are private properties and attendees have been granted permission.
Can you smoke weed in public in Oregon?
No, you cannot smoke weed in public in Oregon.
When was weed legalized in Oregon?
Medical marijuana was legalized in 1998, and voters legalized recreational marijuana in 2014. Initial phases went into effect in July 2015.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
In Oregon, the legal delivery of homegrown marijuana without compensation is allowed for up to 1 ounce, and is not subject to any penalties or fines. However, the delivery of more than 1 ounce, up to 16 ounces, is considered a Class A violation and can result in a fine of up to $2,000. Fines and punishments increase with volume.
What is the penalty for selling to a minor?
One of the most severe penalties in Oregon is for delivering any amount of marijuana to a minor, which is considered a class C felony, and can result in up to 5 years in prison and a fine of up to $125,000. Additionally, delivering any amount of marijuana within 1,000 feet of school grounds is a class A felony, and could result in up to 20 years in prison and a fine of up to $375,000.
What is possession with the intent to sell?
Possession with intent to sell is when a person possesses more cannabis than they can reasonably consume, indicating it may be intended for the black market.
The penalties for marijuana possession in the state of Oregon vary depending on the amount possessed and the location of the possession. Possession of 2 ounces or less in public is not penalized and carries no fine. Possession of between 2 and 4 ounces in public is considered a violation and is punishable by a fine of up to $1000. Possession of between 4 and 8 ounces in public is considered a misdemeanor and can result in up to 6 months of incarceration and a fine of up to $2,500.
Possession of more than 8 pounds is considered a felony and is punishable by up to 5 years in prison and a fine of up to $125,000. Possession of marijuana in private is treated differently, with possession of 8 ounces or less being not penalized and carrying no fine. Possession of between 8 ounces and 1 pound in private is considered a violation and is punishable by a fine of up to $1,000.
Possession of between 1 and 2 pounds in private is considered a misdemeanor and can result in up to 6 months of incarceration and a fine of up to $2,500. Possession of more than 8 pounds in private is considered a felony and is punishable by up to 5 years in prison and a fine of up to $125,000.
When is possession still a crime?
Possession is a crime if you hold more than the legal limit or intend to distribute.
